Criminal Law Regulation Of Water Traffic Accident

Compared with road traffic accident,water traffic accident is not common,but it will cause serious consequences in terms of personal injury,property loss and other social harm.In dealing with the threat of water traffic accidents,China is faced with the embarrassing situation of insufficient research and inapplicability of criminal law.As a result,it is difficult for judicial departments to intervene in water traffic accident cases,and the vast majority of cases have been handled in accordance with relevant administrative or civil regulations in maritime departments.Even if the case enters the criminal procedure,it has to face a series of legal application difficulties.This paper focuses on the water traffic accident behavior,which is divided into four parts,and discusses in detail a series of problems in the application of law when the water traffic accident behavior constitutes a crime and is regulated by the criminal law.The first chapter summarizes the "water traffic accident behavior" as a whole.Clear the concept of water traffic accident behavior,elaborated on the characteristics of water traffic accident behavior,show its different from the road traffic accident behavior of particularity and greater social harm,finally on the detailed carding of China’s legislation to regulate water traffic accident behavior of criminal provisions and provisions of the legislative change process.The second chapter is to classify the aquatic traffic accident behavior,this chapter focuses on two problems,one is about the water traffic accident crime and administrative illegal behavior boundary points,the other is to solve some special water traffic accident in the judicial practice at present how behavior qualitative problems,namely the problem of boundary points between crime and sin.The third chapter is the deficiency of our criminal law to regulate water traffic accident.This chapter enumerates some problems in application caused by imperfect criminal code of water traffic accident in judicial practice,and discusses in detail that these problems will make it difficult for criminal law to regulate the seriousness of water traffic accident.The fourth chapter is about perfecting the criminal law of regulating water traffic accident.This chapter will give suggestions on the improvement of criminal legislation and judicial application to the problems raised in chapter 4,in order to solve the shortcomings of criminal law regulation.