Traffic Crime Problems Of,

Nowadays, traffic offense has become a high-incidence crime in our judicial practice. Although the article 133 of Criminal Law has put the behaviors of traffic offense, "fleeing after the incidence" and "death due to fleeing" into the punishment range of traffic offense and made detailed requirements for the problems existed in the traffic offense cases of judicial practice according to the 2000 judicial interpretation of supreme court, because of the complicated situation of such cases, the content of legislation seems to be somewhat simple and abstract, the multiple status of traffic offense has not been effectively curbed, all of which has caused the extensive discussion in the academic circles about the deficiencies existed in legislation of traffic offense. This article aims to investigate the common problems existed in the conviction and sentencing of traffic offense from the angle of judicial practice and work out practical solutions to improve our status quo of legislation and judicial practice of traffic offense.This article is divided into five parts and mainly discusses four problems:one; the criminals identification of traffic offense should not take the responsibility of road traffic accidents as the only basis and should specifically analysis the elements that constitutes the traffic offense, then determine whether the actor should bear the criminal liability or not. Two; investigate the relationship between newly created dangerous driving charges in Criminal Amendment (Eight)and traffic offense as well as the convergence problems between the two. Three:discuss in details of the crime constitution of "death due to fleeing" from two aspects:characteristics of subjective constitution and characteristics of objective constitute. Four: Make analysis and work out countermeasures about the problems of excessive application of probation and lack of reasonable sentencing extensively existed in the traffic offense.