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The Mutual Influence Of The Criminal Responsibility And Civill Iability In The Crime Of Trafic Accident

Posted on:2019-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2416330542995185Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Crimes of traffic accidents are common and frequent crimes in real life.The responsibility evaluation has a wide range of influence and influence.In practice,the criminal responsibility and civil liability of the crime of traffic accidents inevitably have a variety of interactions.It is manifested in: the non-fulfillment of civil liability for the crime of traffic accident leads to the creation of criminal responsibility;the liability for compensation for the crime of traffic accident has a certain impact on the sentencing;the criminal responsibility bears influence on the determination of “ mental soothing payment”;and the institution of accident liability determination does not make the criminal responsibility accompanies each other.The reason is that,on the one hand,there is a trend of mutual integration of the functions of the criminals,the boundaries of the criminal and civilian areas are gradually blurred,and it is no longer the relationship of individual choice between the two sides.On the other hand,regarding the crime of traffic accident itself,the traffic crime of causing a crime is a type of crime that inevitably produces civil liability.The crime of traffic accident is a crime of negligence result that endangers public safety.In the judicial practice,when dealing with the interactive influence of civil and criminal liability in the crime of traffic accidents,it is necessary to follow;the injurer fulfills his civil liability,and he can bear a lighter and lighter criminal responsibility,and can notreduce or eliminate civil liability;When conflicts and conflicts arise,the use of the system guarantees the priority of civil liability;the establishment of an independent agency recognizes that the liability of the accident guarantees the balance of responsibilities of criminals.
Keywords/Search Tags:Traffic offence, Criminal responsibility, Civil liability
PDF Full Text Request
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