Research On The Crime Of Traffic Accident Crime In The Perspective Of Compound Crime

In China's criminal law theory and the judicial practice,the forms of crime of causing traffic casualties have been identified for the "fault",this determination method is based on the behavior of traffic accident consequences of the objective to identify the criminal responsibility of the perpetrator,behavior even for accident behavior with intentional mental attitude,often identified for negligence.It is clear that the judicial determination of the "results" of the position of "no value".However,in modern society,the crime of traffic accident is getting complicated,the single form of crime has been unable to adapt to the development of the society.Especially the single form of sin has made the distinction between traffic accident behavior and related crimes has become increasingly difficult,for example,as a traffic accident of upstream crime of dangerous driving behavior,in the form of crime is often deliberately,but when after a traffic accident caused damage,but instead identified as negligent crime,which logically is difficult to explain.In the second time,the traffic accident happened again,the practice is often identified as the crime of endangering public security in a dangerous way,however,theory is also difficult to interpret the second traffic accident to why the sin in the form of "upgraded" as the intentional crime.In practice,the secondary traffic accidents in the end should be qualitative as the crime of traffic accident or dangerous to approach the harm public security crime,controversial.Therefore,it is necessary to review and reflect on the problem of the crime of causing traffic casualties.This paper attempts to introduce Chu Huaizhi professor and Dr.Shu Wen Yang's theory of "compound guilty mind" form,and reference abroad for traffic accident crime qualitative,in the active criminal system,and of the traffic accident crime in different types of crime in the crime of re interpretation,meanwhile,trying to solve the conflict between the traffic accident crime and criminal law theory,to the complexity of the offence form of crime of traffic accident has revealed that also expect to be able to traffic accident on the justice of the balance between a crime and a punishment coordinate and solve helpful.I have separated this text into four sections:The first part: the situation and problems of the crime of traffic accident crime in our country.This chapter,through the introduction of the crime of the crime of traffic accident in our country,initially points out the problems existing in the determination.The second part: the outline of the extraterriotial situation of traffic law,introduces the two major legal system,presents the main representives of the common law system and the civil law system,thinking deeply the teaching of those states.In the third part,it is in line with the theory of the form of sin and its rationality,which mainly introduces the theory of compound fault,and the reasonable.The fourth part: the new interpretation of the crime of traffic accident in the form of compound sin,in the environment of the compound sin,commentating those inherent theory.