Legislative Proposal On Addition Of "Crime Of Causing Maritime Traffic Casualties" To The Criminal Law Of China

Since the 21 st century,China's water transportation industry has experienced vigorous development,and the consequent water traffic accidents have gradually increased.Although relevant authorities have enhanced their efforts in supervision and management and continuously improved their management levels and management capabilities,water traffic accidents are still common,especially,the accidents concerning the criminal responsibility of water transport traffickers are also on the rise.Although the crimes of water traffic accidents are not as frequent as other traffic accidents,once the water traffic accidents happen,they may cause major damage to lives and properties of unspecific majority of people and pose huge harm to the society.From the perspective of the status quo of the laws and regulations regarding water traffic accidents,due to historical reasons,leaderships are overlapping,authorities are not affiliated to each other,and there is no scientific and complete legislative system which is instructive to water traffic accidents in a short term,but the development of water traffic accidents lacks planning and universality in a long term.According to China's current criminal law,China has established relevant criminal charges in the field of railway transportation and aviation,and there are no definite charges for water traffic crimes in the field of water transportation.All the crimes are convicted or sentenced as the crime of traffic accidents under Article 133 of the Criminal Law.As for crime of traffic accidents,on the one hand,the regulations regarding water traffic accidents ignore the trafficker's level of subjective malice,which violates the basic legal principles and theories of criminal law on negligent crime,ignores the characteristics of the transport industry and water traffic accidents and other defects and deficiencies,and could not cover all the water traffic accidents;on the other hand,from the law provisions for crimes of traffic accidents,the definition of the relevant rules for the violation of water traffic accidents is vague,and the definition of responsible subject of water traffic accidents is unclear,the criteria for determining crimes that cause serious consequences is too low.Therefore,this further artificially causes the unfairness of justice and undermines the authority of the justice.In order to solve the above problems,it is urgent to add the water traffic accident crime according to the characteristics of water transportation industry,waters and accidents,to make up the blank in legislation and regulate water traffic accident behavior scientifically and rationally.Based on the current situation of the development of water transportation,and the current laws and regulations governing water transportation in China,by using semantic analysis method,historical analysis method,logic analysis method and case study method,this paper analyzes the particularity of water traffic accident behavior in the regulation of criminal law,as well as defects and shortages in the existing criminal law in regulating water transportation,and discusses the necessities in reality and in law for adding water traffic accident crime.In addition,by using traffic accident crime as the legislative blueprint,and combined with the behavior characteristics and characteristics of the water transportation industry,the paper clarifies the concept of water traffic accident crime,key component,criminal liability,and the relation and difference with other crimes.Therefore,it shall effectively solve the problem of water traffic accident crime and non-crime,and specify the applicable conditions of water traffic accident crime,define the boundary of water traffic accident crime and similar charges,establish and perfect the criminal responsibility,establish and perfect the effective way to investigate the criminal responsibility of water traffic accident,and fill the legislative gap in the regulation of water traffic crime.Current legal construction and water transportation industry in China also needs the rule of law,setting up independent water traffic accident crime has certain positive roles for perfecting the legal system of socialism with Chinese characteristics,governing the country based on law,and building socialism country under the rule of law.