Research On Joint Negligence Crime In Traffic Accident Cases

In recent years,along with the continuous growth of the national car ownership,people enjoy the great convenience of modern transportation.At the same time,a large number of traffic accidents also arise,which brings great threat and loss to people's lives and property safety.The criminal law of 1979 in China and the criminal law of 1997 have made clear provisions on the crime of traffic accident,and have played a very good effect on the prevention and attack of traffic accident.However,because the society is constantly changing and developing,the social background and the social background of the original criminal law is very different in the criminal law provisions of traffic accident crime also revealed more and more problems,in order to solve a series of problems,under the long-awaited by the Supreme People's court "interpretation of the Supreme People's court several issues concerning the specific application of law in the trial of criminal cases of traffic accidents in November 25,2000"(hereinafter referred to as the "interpretation"),the "interpretation" of the second paragraph of article fifth expressly ordered the people and the people of the traffic accident crime,Seventh People and the persons who instigate or force is presumed to be the accomplice of traffic accident crime,the judicial interpretation of the introduction for the criminal law of our country stipulated in the traffic accident crime problems and defects,to improve the legal system of our country has a positive Significance? However,the traffic accident crime in our Ancient Chinese Literature Search circles has been considered typical of criminal negligence "negligence" king of the title,but for criminal negligence can actually provides the establishment of common crime,which almost completely subvert the traditional criminal law theory point of view on common crime,set off a new upsurge in my opinion controversy criminal law circles.Because of China's criminal law does not recognize the criminal negligence can accomplice,it broke the traditional understanding of the theory of common crime,which also broke the traditional system of complicity,which belongs to the bold innovation in the new situation in order to better solve the problem of the correct processing problems in traffic accident cases initiated the way of the new.But after all,the explanation is contrary to the criminal law,so how toresolve the conflict between the legislation and the judicature has become a problem we have to face.The author thinks that the main way to resolve the contradiction between legislation and judicature should be starting from the background of China's joint negligence crime theory,to explore the possibility of existence of accomplice in criminal negligence deeply,so as to solve whether China can accomplice in the crime of traffic accident problem.This paper is mainly divided into four parts.The first part is the introduction part,which is a brief introduction to the background and significance of the topic,the current research situation and the research area,which lays the foundation for the following research.The second part of this paper to find out the focus of controversy by introducing the related case,namely the existence of joint negligence crime in traffic accident cases,which indicates the direction for the following research;based on the introduction of related cases in traffic accident crime were investigated at home and abroad legislation and theory,through the comparative analysis.A solid foundation for the demonstration of this view;The third part is the analysis of the necessity for the accomplice of traffic accident crime by first using the logic syllogism to demonstrate its rationality,in addition to the traffic accident crime exists accomplice practical basis,theoretical basis and legal basis were clarified,by exploring the all-round,multi-level,the author views more persuasive;The fourth part is the foundation in the affirmation of traffic accident crime on the establishment of analysis conditions,scope and responsibility allocation,from the microcosmic refineit study;at the same time based on micro level research on China's "criminal law" and the Supreme People's court "interpretation" of the relevant provisions of the author puts forward some modifications.I hope through the modification of the relevant provisions,so as to solve China's legislative and judicial provisions in the contradiction and conflict of joint negligence crime,maintain the harmony and stability of our country's legal system.