Research On The Accomplice In Traffic Accident Crime

In the past decade,due to the rapid development of China's economy,the proportion of households with private cars has increased significantly.Under such circumstances,the number of cars has also.increased dramatically.On the one hand,the popularity of automobiles has enabled nationals to enjoy convenient and fast travel modes,but on the other hand,it has led to frequent occurrences of motor vehicle traffic accidents.The frequent occurrence of traffic accidents has made everyone gradually realize the importance of traffic safety.The crime of traffic accidents in prisons has been paid more attention.The Chinese criminal law theory community has always held a crime on the theory of joint crimes.It believes that all actors in a joint crime can only and must be deliberately committed.Joint crimes do not include negligent crimes.Negligence crimes should be convicted and punished according to the respective criminal offences of the perpetrators..With the development of social life form and criminal law theory,the German-Japanese criminal law theory breaks through the common view of crime,and proposes that the behavior is common and limited.Both theories say that negligent crime can also constitute a joint crime.With the accelerating economic development,the types of negligent crimes have increased and the number has increased dramatically.The harm to society has gradually attracted everyone's attention.The criminal law theory should not evade and avoid the problem of joint negligence,and it can gradually strengthen its research.In the criminal law theory,the stipulation of the common negligence crimes,choose to ignore the problems that exist in the judicial practice and already exist.China's criminal law can introduce the common negligence crime provisions in a suitable opportunity in the future,but can the dispute arising from the provisions of Article 5,paragraph 2 of the Interpretation be resolved by introducing the theory of joint negligence crime?the answer is negative.In order to solve the disputes arising from the provisions of the second paragraph of Article 5 of the Interpretation,the investigation of the common crimes of escape from traffic accidents,the controversy of causing escape behavior after the traffic accident,the constitution and subject of the common negligence crime and how It is stipulated that the escape behavior after traffic accidents refers to the four aspects of sinful suggestions,and discusses in detail to explore effective solutions.In the first chapter,the author introduces the author's investigation on the common crime controversy of traffic accidents.It is divided into three parts:the legislative status of the common crime of traffic accidents in China,the legislative background and purpose of the common crime of traffic accidents,and the common crime of traffic accidents.dispute.In the second chapter,the disputes on the joint crime of traffic accidents are detailed,including its violation of the principle of legality of crimes and analysis of whether it constitutes a common negligence crime.Finally,in Chapter 3,the solution to the common crime problem of traffic accidents is firstly clarified.First,the complex crimes covered by the crime of traffic accidents are clarified,and specific suggestions are put forward.