Font Size: a A A

The Understanding And Identification Of Traffic Accidents And Escapes

Posted on:2016-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:Q X LiuFull Text:PDF
GTID:2356330482958148Subject:Punishment law
Abstract/Summary:PDF Full Text Request
In contemporary society, the public transportation industry has been improving rapidly with the constant development of the economy. Meanwhile, the number of traffic accidents has been increasing year by year. According to statistics, in 2014 the number of people dying in traffic accidents is 3429234 in China. Compared to 316042 people in 2013, 302225 people in 2012 and 29618 people in 2011, the death tolls has showed a trend of gradual increase year by year. The high frequency occurrence of traffic accidents crimes has obviously more and more damage to the society and has become a dangerous factor in affecting stability of the society. The traffic accident itself is regretting but the culprit who seek to escape from the site of accident is intolerant by the social conscience and law. Criminal law did not prescribe any regulations about escaping behavior after causing a traffic accident in 1979 until in 1997 when criminal law added enhancing penalty in traffic accidents crimes due to escaping behavior and escaping behavior which causes victims to death. Furthermore, in 2000 Supreme People's Court established a new explanation called: The supreme people's court on the concrete application of law in trying criminal cases of traffic accident problem explanation,which further regulate conviction and sentencing of traffic offences. This explanation has played an important role in judicial practice about dealing with traffic crimes. However, the society is always developing and improving with constant changes. Thus, currently there appears certain problems and arguments towards the understanding and affirming of escaping behavior in traffic crimes in judicial practice and criminal law theory circle.This article consists of five parts:The first part, cause of the case: traffic crimes of Mr Li.The second part, details of the case: introduces the facts of traffic crime of Mr Li.The third part, arguments and divergent opinion. This case mainly covers the problem that the actor of the traffic crime played an active role in rescuing the injured people and sent him to the hospital but after that he ran off due to being afraid of taking responsibility. So whether this action constitute escaping behavior in traffic crimes.The fourth part, legal principle analysis. Make a basis on law regulations about escaping behaviors in traffic accidents to analysis the escaping behavior in crimes of traffic accidents.The fifth part, case conclusion and indications. Make an analysis and affirmation on case details and state indications received through the analysis of the case.
Keywords/Search Tags:crimes of traffic accidents, escaping behavior, negative act, space-time factors
PDF Full Text Request
Related items