An Exploration On Some Problems About Crime Of Causing Traffic Casualties

Crime of causing traffic casualties is a type of involuntary crime. Clause 133 of the criminal law in China stipulates the two aggravating circumstances of"escape after causing traffic casualties" and"causing death during escape",and this is the new revision of the criminal 1aw,but"causing death during escape" has become the difficult and focal point in both theory and judicial practice and"Interpretation" causes many controversies about complicity in crime of causing traffic casualties.Thus it has become a key to solving cases of causing traffic casualties.Based on the practice and research by other experts,in this thesis the author puts forward some opinions on so1utions to improve the author's ability by doing theoretical research and apply the theory to practice. This thesis contains four parts with about 40000 words.Part one discusses the basic questions about crime of causing traffic casualties.In the brief account,the author believes that the main body of crime of causing traffic casualties is the common natural person and what he violates is safety of public transportation,and it is the person's misfeasance that behavior causes casualties and damage to private and public properties;the author also believes that the criminal act should be included in the behaviors which cause salvage duty,whether a crime of causing traffic casualties takes place in an accident,the person involves should have the salvage duty;as to trust principles,the author believes that it is a typical principles of allocating duties,and they are based on the trust between people and the common sense of responsibility.In "Interpretation",determining the commission of crime of causing traffic casualties is combined with determining responsibility,and before determining the commission of crime of causing traffic casualties,the responsibility should be determined.Therefore, "Interpretation" embodies the trust principles,and in this part,the author puts forward some suppositions about how to apply the trust principles.About determining the respohsibilities,the author believes,the criminal law should accept the validity of inference and make it the duty of the person who escapes from the accident to give proof .In the second part,the author expands on the concept and components of"Causing death in escape",crime of causing traffic casualties,and some situations in theory and practice.The author believes that the person who causes death in escape is with an indirect intention,and he has no fault and direct intention.This is in accordance with the criminal 1aw.The third part discusses the complicity in crime of causing traffic casualties.some experts believe that"Interpretation"has stipulations about.but the author believes that offence of joint negligence in crime of causing traffic casualties is not stipulated.Part four is about comparison of 1egislation in China and other countries and some proposals.Based on analyzing the criminal and traffic control rules,the author proposes that casing death in escape should be defined as an independent crime to solve controversies about the subjective crime in theory,to deal with the complicity in behavior of causing death in escape,and to exercise discretion in sentencing differently in different situations.And the author also discusses the formation of the crime and its significance.