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Study Of The Crime Of A Number Of Issues

Posted on:2008-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:H T YueFull Text:PDF
GTID:2206360215960880Subject:Law
Abstract/Summary:PDF Full Text Request
With the steady development of market economy, more and more traffic accidents happen, and cases of drivers escaping from accident sites are increasing .Hence, it's necessary to do research into the crime connected with traffic accidents. Studying behaviours of escaping drivers is as well important. The article contains the following parts:The first part is about the concept of the crime connected with traffic accidents and its characteristics.The author explains the concept thoroughly from the angle of crime formation and goes further into the range of criminal confirmation, which causes heated discussion among law workers, the author also shows his own understanding of the confirmation and finds some problems in the present criminal law about it.The second part is concerned with the problems existing in legislation about drivers escaping behaviours after the traffic accidents. It analyses various kinds of escaping behaviours and driver's psychology after the traffic accidents happen.This part shows the author's own understanding of Explanation. He thinks drivers with their escaping attempt accomplished or not should have different penalties.The third part comes to this problem: death caused by drivers escaping after traffic accidents. The author explains it clearly and stresses that after traffic accidents, drivers running away from the traffic site result in the death of the injured.The fourth part talks about whether criminal drivers have accessavies in the crime site and in the course of escaping.The fifth part presents the author's suggestions to legislation about the crime connected with traffic accidents based on his research,The suggestions are as follows: 1. keep the present name of crime connected with traffic accidents "in item 133 of the Code of "Criminal Law" in 1997, but change" violating administration of traffic and transportation"into " violating administration of traffic safety ",including pedestrians and drivers of non-motor-driven vehicles into the range of criminal confirmation in keep with the purpose of legislation.2.in the case of traffic accidents only causing property loss, Explanation says "being unable to compensate for the loss over 300.000 yuan ,"it indicates criminal cases can be transferred to civil cases. Therefore, the author suggests that drivers causing property loss over 300.000 yuan be declared guilty directly.3.The author suggests a new item "crime connected with drivers escaping after traffic accidents "added to present legal documents and death caused by drivers escaping be a serious case, expecting to help settle the conflict between legislation and judicial practices.
Keywords/Search Tags:Crime connected with traffic accidents, Escape, Cause death, Legislation drawbacks, Suggestions
PDF Full Text Request
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