Research Of The Crime In Waterborne Traffic Accident

Since China’s reform and opening-up policies were launched, China’s economies are growing rapidly, and the waterborne industry is the same, it brings considerable economic benefits, at the same time, the waterborne traffic accident grows increasingly. At first, because of the complex water environment, most of the accident was caused by the natural factors. However, in recent years, with the development of science and technology, more and more water security equipments are putting into use, due to natural causes of accidents are decreasing, but the waterborne traffic accident caused by human factors increase frequently, it is a serious threat to the safety of the water transportation. China’s current legal system is generated under the inland culture and the patterns of social life, it makes the criminal law pays no attention to the water transportation safety, plus all the parties haven’t aware of the dangers, it causes no crews were sentenced, and waterborne traffic accident shall be investigated for criminal responsibility are few, mostly through civil, administrative means to settle disputes. Occasionally someone was sentenced to punishment for traffic accident, it was mostly based on the provisions of article 133 rd of the criminal law. Though the current criminal law can restrain the waterborne traffic accident, but the crime of causing traffic casualties is mainly focusing on road transport at the beginning of legislation, it can be seen from the judicial interpretation.Without considering the difference of waterway and road transportation, there are disputes on how to deal with the waterborne traffic criminal cases. Such as, how to delimit the range of criminal subject, how to deal with the causes of people missing,water pollution, these all need legislation and judicial response urgently.Honestly, the traffic accidents happened on water have serious damage to the interests of law, so, we need to abandon the previous concepts that the crew should not be punished because of the high risk of the occupation. On the contrary, we should include any crime in vocational negligence into the criminal punishment scope urgently. Specifically, the effective way is to amend the provisions of article 133 of the criminal law, and expend its constituent elements, especially the results, so the people missing caused by waterborne traffic can be one of the legal results of the law. At the same time, we should also announce the standard of conviction and sentencing separately, according to the characteristics of waterborne traffic accident, Among them, the conviction criterion should have be an appropriate increase in casualties and property losses, and the missing causes and the pollution damage should be included, and quantify the damage for both, in order to solve the difficult problems with judicial practice. The ultimate aim is to achieve the goal of crime prevention function, and promote and protect the health of the development of waterborne industry.