Research On Judicial Application Of Traffic Accident Crime

In recent years,China's traffic accidents have been in a high incidence,traffic accident crime is the most common type of negligent crime.Malignant traffic accident cases also occur from time to time,such as the Lanhai Expressway,Changshen Expressway,etc.Most of these accidents are caused by illegal driving by drivers.Both Criminal Law of 1979 and 1997 stipulate the crime of causing traffic accidents,and have promulgated judicial interpretations many times.Nevertheless,there are still many problems in the application of the crime of causing traffic accidents,such as the subject,circumstances,sentencing and so on.There is still a lack of systematic analysis and discussion in the theoretical circles.Therefore,it is necessary to study it.This article takes the concept and development of traffic accident crime as the starting point,takes judicial identification of controversial issues as the main line,and perfects legislative provisions and resolves controversial issues as the end point.By systematically combing the controversial issues of this crime and putting forward relevant suggestions for improvement,in order to contribute to the further improvement of traffic accident crime.This paper consists of four parts:The first part introduces the background and significance of this study,collates the domestic and foreign research on this crime,and introduces the research content and methods.The second part is an overview of the crime of causing traffic accidents in China,introducing the development and evolution of the crime and its basic categories.The third part introduces relevant cases and data to analyze the judicial determination of traffic accident crime.The first section discusses the subject controversial issues of this crime,the second section analyses the definition of "escape" behavior,the third section analyses the impact of the victim's understanding on the sentencing of traffic accident crime through a large number of data analysis,and the fourth section analyses the traffic accident identification document and traffic through cases.The dilemma of the convergence of the responsibility determination of the crime of causing accidents.The fourth part is to perfect the path choice of this crime,trying to make breakthroughs in such aspects as the detailed provisions of the main body,the addition of the crime of escaping from traffic accidents,the applicable conditions and scope of the victim's understanding,and the identification mechanism of accident liability.