Study On Related Issues Of Traffic Incidence Crime

The rapid growth of the traffic accident in recent years cause much controversy between theoretical circles and judicial practice on how to identify and deal with the behavior of traffic accident. This paper integrates theory with practice and analyzes the four basic special constitutive elements of crime, flight and surrender behavior, dangerous driving of traffic accident.The body part of this paper is more than 31,000 words. Expect the introduction and conclusion, this paper is divided into three chapters:The first chapter discusses the basic constitutive elements of crime about taffic accident.In objective terms, the author discusses the differences between the criminal behavior against traffic law and act in violation of traffic regulations; in the form of listing, the author tries to prove that the "interpretation" in 2000 is unauthorized, which is amplified interpretation of the conviction and sentencing to traffic accident; in terms of cases, the author demonstrated the reason why the heavy traffic accident must be occurred in a particular space and time, in transport management area, not just limited to the management of the public transportation section; concerning the causality, the emphasis of the argument is the conditions are unequal to causation, the fact causality does not mean the legal cusality.In object terms, the author agrees that the object being violated is traffic safety, including roads, water, rail, air transport safety, with only two or three can't stand.In the terms of subject, the author deems that is the general subject. This paper is focused on discussing the scope of non-transport staff. Passengers who violate the attention duty on law, which effected the regular driving of drivers, must bear legal responsibility.In the subjective terms, that the sin of traffic accident can only be negligent act. The unauthorized interpretation in the 2000 "interpretation" actually concede there exist intentional act of the flight behavior about traffic accident. The author deems that the identification of traffic accident should be negligent, but the flight behavior should be treated differently. As the convictive measure, flight behavior can be intentional act. Who directs others to escape is negligent, which is not joint tort.The second chapter discusses the flight behavior of traffic accident. The author deems that the concept of escape between"escaping after the traffic accident"and"escaping causes the death"is different, the former includes non-rescue and rescue operation, the latter only means non-rescue operation. The author deems that the prior act can be crime, which brings rescue duty not by the law. The flight behavior which causes the death includes negligent and intentional act, but this behavior in traffic accident can only be negligent act. The escaping which causes the death should not include"the secend traffic accident", which should be evaluated independently.The third chapter discusses surrender behavior and dangerous driving of traffic accident. The author deems that the surrender exists in the all level of penalty, whether or not escape. Voluntary surrender and the rescue duty is not a repeat evaluation. The evaluation of criminal responsibility should be based on the degree and the reason of drunkenness (intentional and negligent), which should be reflected in sentencing. Through the contrast of the case of Sun Weiming and Hu Bin, the author deems that the Sun is the independent evaluation of the secend traffic accident after a dangerous driving case. The "interpretation" in 2000 gives a lesser punishment of the drink driving. The author suggests that legislative changes should be cautious, should not add the crime of dangerous driving but only modulate tinily to the traffic accident.