Research On The Crime Of Traffic Accident

Traffic accidents are common phenomenon in our daily life.The crime of traffic accident is one of the most common crimes in the criminal law.It not only causes serious harm to people's life and property,but also is not conducive to the construction of good traffic order.Therefore,the research on traffic accident has a very important practical significance.Both our country and foreign scholars have been studying the crime for a long time.However,with the continuous development of our social practice,there' will be a new situation.But the law has a certain lag,In view of this,on the basis of learning and learning from a large number of previous research results,this paper combing and explaining the crime of traffic accident combined with the new social reality of the society.The article is divided into four parts.The first part,through the definition of the crime of traffic accident in the criminal law of China and the historical evolution of the crime,illustrates our efforts to prevent traffic accidents and the occurrence of traffic accidents in the judicial field.The second part,through the analysis of the elements of the crime of traffic accident,discusses how to define the subject of the crime in the crime of traffic accident,whether the subjective aspect of the crime is intentional or negligent,and how to determine the relationship between the harmful behavior and the result of the harm in objective aspects and the scope of the objective aspects.The third part,through the analysis of the escaping of traffic accident,discusses how to identify whether it belongs to the traffic 'accident crime and the difficulty of identifying the traffic accident from the subjective and objective aspects.At last,we will dig and analyze some problems existing in the regulation of traffic accident crime in our criminal law and put forward our own views and suggestions on how to improve it.The article mainly deals with the crime of causing traffic accident from the real crime to a dangerous crime,adding the crime of traffic accident and escaping,and setting up the behavior of the traffic accident of the suspect as an independent crime,raising the sentencing range of the crime and raising the starting point of the crime.