Study On The Conviction Of Ship Collision Accident

Waterway transportation has become an indispensable mode of transportation in China,because of its large volume and low transportation cost.With the continuous development of the marine economy,China's shipping industry also ushered in prosperity.At the same time,the incidence of traffic accidents in China is also high,and accidents caused by human factors are becoming more and more common.This makes our water traffic safety situation become increasingly serious,and the problem is more prominent.In recent years,China has occurred in the water,especially in the case of maritime traffic accidents,there are many problems in the process of handling.The author thinks that the main reasons are as follows: first,our country does not pay enough attention to water traffic accident behavior alleged crimes;second,China's laws and relevant judicial interpretations exist some loopholes of water traffic accident crime,the treatment of water traffic accident behavior into the punishment there are many obstacles.How to deal with the situation of missing persons caused by collision accidents at sea has brought a lot of confusion to the work of law enforcement agencies and judicial organs.Some scholars believe that this can be done by civil compensation or in the criminal law on the crime of major liability accident processing,this point of view I beg to differ.Due to traffic accident behavior of water is different from the land traffic accident behavior,such as the value of the ship are generally larger,causing property damage and casualties is more serious,often accompanied by a large number of missing persons,the current provisions of traffic accident liability accident crime involving the existence of loopholes,often lawless phenomenon in the judicial practice,the crime involved the water traffic accident behavior can not get effective treatment.For this reason,the author discusses this problem in the form of cases to sort out the difficult problems in the case and similar cases.Besides the introduction and the conclusion,there are three parts in this paper.The first part mainly expounds the criminal law thinking caused by the real case,conviction case involving caused by ship collision accident missing and sinking ships brought to discuss,to facilitate later on issues related to the analysis.The second part mainly discusses the conviction of ship collision accident.First of all,the main discussion of the ship collision accident may be suspected of the three major crimes,that is,traffic offences,major accidents and crimes forced to operate against the law.Secondly,the identification of the missing persons caused by ship collision accidents is analyzed.Thirdly,the standard part of the case for entering a ship in a collision accident is discussed.The standard of entering a ship for entering a ship collision accident is not entirely applicable to the water traffic accident.Finally,through the case study of administrative law enforcement and criminal justice between the cohesion problems,such as the transfer of standards and so on.The third part mainly caused by ship collision accidents into criminal issues related to the suggestions,including charges that,the introduction of traffic accident crime of judicial interpretation system and strengthening connection between administrative law enforcement organs and criminal judicial organs and so on,so as to solve the water traffic accidents caused by missing persons,in the penalty process property damage cases,maintenance of water traffic order.In a word,the related problems involved in ship collision accidents are complicated,so we hope to analyze the case,put forward relevant suggestions to facilitate the administrative law enforcement agencies and judicial organs to solve this problem,and effectively maintain the water traffic order.