A Study On Difficult Problems Of Traffic Delinquency Crime

In this thesis, the difficult problems of traffic delinquency crime will be analyzed and expounded:In the first part, the traffic delinquency crime will be introduced, including the concept of traffic delinquency crime, the crime constitution of traffic delinquency crime and the legislation progression of traffic delinquency crime. Traffic delinquency refers to the fatal traffic accident that causes a person seriously injured or dead or causes the public and private property damage due to the actor’s violation of traffic management regulation. The traffic delinquency may endanger public security, that is to say, it is dangerous and may threaten people’s life and health and the public and private property safety. Starting from the traditional four elements, the thesis will deal with the subject, object, subjective element and objective element. In the end, the legislation progression and change of traffic delinquency crime in our country will be introduced. A clear venation of the traffic delinquency will be provided on the whole so that the reader may have a more visualized and profound recognition on traffic delinquency crime.In the second part, the surrender behavior after escaping from traffic casualties scene will be analyzed. There are controversies on whether traffic delinquency can apply voluntary surrender system or not. The negative views believe that the actor should call the police, preserve the scene and rescue the victim after the accident, which should be deemed as performance of administrative obligation instead of the constitution of voluntary surrender and the positive views believe that the performance of administrative obligation and the constitution of voluntary surrender are not mutually exclusive and the behavior conforming to the conditions of surrender should be deemed as voluntary surrender. It is comprehended and grasped accurately through the analysis on the nature of voluntary surrender after escaping from traffic casualties scene.In the third part, the actor’s secondary crushing on the victim after the traffic delinquency is expounded, which is analyzed from two different conditions. One is that the actor conducts the secondary crushing on the victim directly after the accident in order to diminish the compensation responsibility; another one refers to that the victim is crushed secondarily after the accident by the subsequent vehicles passing by the traffic accident’s scene and the criminal liabilities of the actors are determined according to the injury seriousness and death result of first traffic accident, the subjective intention of the actor and the objective situation. In the end, the causal relationships between the actors and the injuries of the victim within the meaning of criminal law are analyzed.The fourth part is about the scapegoat of the actor who aims to avoid the legal responsibility of the traffic accident so as to maintain the reputation and social status. The traffic delinquency and the search of “scapegoat” are two continuous behaviors. In the juridical practice, there are several kinds of disputes: for the first one, the scapegoat should be punished as for traffic delinquency crime; for the second one, the scapegoat should be punished as for traffic delinquency and impairing testifying; for the third one, the scapegoat should be punished as for traffic delinquency crime and crime of shielding. Starting from the theoretical disagreement of scapegoat, the questions in dispute are analyzed progressively, the nature of scapegoat behavior is determined and finally the treatment suggestions are put forward. Through this thesis, the readers can find the key to solving the problems in juridical practices.In the fifth part, the accomplice of traffic delinquency will be stated. As a kind of negligence crime, the traffic delinquency is known as “king of negligence” in the charge of criminal law; however, it is specified in article 25 of the general principles of criminal law that joint crime refers to the common intentional crime of two or more persons and the joint negligence crime should not be punished as for joint crime; for the criminal who should bear criminal responsibility shall be punished in accordance with the crimes. Along with the social progress and development, the danger of cooperation behavior increases and endangers society; if the actors are not regulated, the social equality and justice will be violated; in this thesis, from the legislative evolution of accomplice theory and the contradiction between the criminal code and judicial interpretation, the treatment suggestions for the joint negligence crime of traffic delinquency are put forward through understanding and grasping the negligent accomplice disputes. The Judicial Interpretations of Applicable Laws for Hearing Criminal Cases of Traffic Delinquency by the Supreme People’s Court in 2000 is the enrichment and development of accomplice theory.