Study On The Subject Of Traffic Accident Crime

Traffic accident crime, as the largest negligent crime in the world, is one of the types of frequent crime in judicial practice, which seriously endangers public safety and social order. Therefore, China’s "criminal law" Article 133 makes clear provisions for traffic accident crime. However, the subject of crime as one of the constitutive requirements of the crime, the provisions did not give a clear explanation of the subject of traffic accident crime. This also led to the current academic and practical circles on the subject of the crime of traffic accident that there are many different opinions, so that in some special cases of the defendant can become the subject of traffic accident becomes ambiguous. The author from the traffic accident crime subject of history about, and through the introduction of judicial practice in some special traffic accident case, on the basis of case analysis of what subject can become the subject of traffic accident crime, which were not, in reference to civil law Germany and Russia and Britain and the United States legislation about the crime of causing traffic casualties of the main provisions of the based on the proposed recommendations to improve China’s subject of crime of causing traffic casualties.The subject of traffic accident crime is a general subject, as long as the behavior in violation of article 133 rd of the criminal law on traffic accidentcrime, in violation of traffic law and regulations, and caused a fatal traffic accident causing serious injury, death or great losses to public or private property, endangering the public safety, can become the subject of traffic accident crime, and its identity is engaged in the transportation of personnel(such as vehicle driving and handling personnel and transportation activities of the organization, management and leadership personnel), or non transport personnel(such as passengers, and other personnel in charge of personnel, units, the motor vehicle owner and Contractor) in no matter what. In addition, on whether the unit should constitute the subject of crime of causing traffic casualties and traffic perpetrators escape prime mover can become the accomplice of traffic accident crime both on the affirmative.