The Research On Traffic Administrative Relative Person Joint Offence

Traffic administrative relative person of joint offence and not our country traffic violations in the field of new things,new problems.It has widespread in the daily activities of our traffic,but the traffic administrative relative person common law how to identify,how to punish,our country road traffic tube and related laws and regulations in this regard no corresponding provisions.Not only that,China's scholars and practitioners of the relative law and administrative law is rarely studied.In order to improve the traffic management system,maintain the traffic order and ensure the traffic safety,we must conduct a thorough study on the common law of the administrative relative person.The traffic administrative relative person common law standards and section of the rules for the two big tasks,according to the traffic of our country actual punishment,combined with the relevant provisions of the foreign,and with reference to common crime and joint tort mature system results,relative to the traffic administrative common law into the research.Firstly,this paper defines the traffic of our country administrative relative person the common law concept,refers to the traffic administration in more than two traffic administrative relative person common intentional violation of traffic management related shall be governed by the laws of the traffic administrative punishment behavior and joint negligence does not constitute a traffic administrative relative person is illegal.Secondly,the identification standard of traffic administrative relative person of joint offence should adhere to three points,namely the illegal subject must is two or more than two;must have a common illegal intentionally,deliberately content including knowing that illegal results and deliberately fostered and allowing illegal results occurred in two cases;illegal behavior must have common violations,the common illegal behavior does not require both sides are to implement the behavior,according to the division of labor and different,there is the existence of organization,help,stress situation.And for the traffic administrative relative person common law rules on the punishment of acts,should be in combination with the abroad and our country practice based,take modified individually punished said traffic administrative relative person of common law.The overall quality,and according to the division of labor and the different points don't punish.