Research On The Issues Concerning Crime Of Causing Traffic Casualties

In this article,the author discusses these issues in crime of causing traffic casualties: the ascertainment of the hit-and-run of troublemaker and the victim's death resulted from hit-and-run ;the several errors of the judicial interpretation about crime of causing traffic casualties issued by Supreme People's Court; the application of the principle of strict liability and the theory of possibility of expectation.Through the analysis of these issues ,the author concludes that : the constitution of hit-and-run of troublmaker must regard crime of causing traffic casualts as its precondition; the hit-and-run of troublmaker must be intentional; to evade legal sanction in the troublmaker's intent is not just to avoid criminal liability; the hit-and-run is not only avoiding from the accident site; the situation that the victim's death resulted from hit-and-run does not include several offenses of a kind;the situation that the death resulted from hit-and-run after troublemaking is of aggravated offense of consequence;the negligent joint crime should not be accepted in crime of causing traffic casualts by our criminal law and the judicial interpretation issued by Supreme People's Court;the capacity of compensation of troublmaker should not be regarded as a crition of distinguishing crime from non-crime; the principle of strict liability should not be applied in crime of causing traffic casualts; the theory of possibility of expectation should be applied in crime of causing traffic casualts,and etc.