The Analysis Of The Traffic Accident Crime Of Mr. Zhan Etc.

With the raising of the car ownership in China, traffic accident crimes stay a high level. Traffic accidents not only cause damage to property, but also a serious threat to the safety of pedestrians. And the escape behavior after the traffic accident is undoubtedly worse. Not only makes traffic accidents difficult to investigate, but also the victim in a helpless situation. In order to protect victims, China’s criminal law particularly increased the punishment of escape as well as the death due to escape. In2000year, the Supreme Court explanation made relevant provisions more clearly. And the provision on complicity in traffic accident crime increased the punishment of the people.But this time, the practice seems to beyond the steps of the theory and legislation. Face to such provision, a lot of criticism aroused as well as a lot of different proposals to solve the problems. More than10years passed, these proposals have not been adopted. The reason, or is that these recommendations have problems, and can’t meet the needs of the judicial practice.This paper will analyze a simple case. Find the contact of a range of behavior and results in the Traffic Accident Crime. And then find the only propose to salute the problem of traffic crime accomplice is to admit the offense of joint negligence theory. This paper is divided into three parts.The first part, the introduction of the basic situation of the case to give the focus of this article will be to discuss the controversy.The first part, causality and the laws applicable of the death due to escape in traffic accident crime. By analyzing, we can see the entire of the traffic Accident behaviors and relationships caused deaths are complex, and there are many factors that added midway. But, the overall structure of their behaviors still never beyond the consistency of the traffic accident crime. Therefore, the whole process should be as one to be punished.The third part, the article attempts to analyze the provisions of the traffic crime accomplice. Firstly analyze the provisions of the law, and then compare the various solutions proposed by theorists. Finally, the only direction to solve the problem is to recognize and admit the offense of joint negligence.