Studies On Legal Issues Of HuBin’s Traffic Accident Crime

In recent years, with the improvement of economic strength of China, people’s living standards have markedly improved and the traffic has entered into a rapid development stage. A wide variety of communication facilities have sprung up like mushrooms. The significant advantage of these modern communication facilities is that they are quick and handy. However, traffic accidents also occur frequently. Traffic safety is related to the life, health and property security of people. Therefore, it’s important for every citizen and the whole country to reduce the traffic accident rate.This thesis has four chapters as follows:Chapter one is the brief introduction of illegal driving case of Sun Weiming, Sichuan, drag racing case of Hubin, Hangzhou and drunken driving case of Gao Xiaosong,the well-known musician. These three cases the author selected caused widespread concern in the community and there were also a big controversy about the final conviction and sentencing. In this chapter, the author listed the focus of controversy to conduct in-depth analysis in the following chapters.In Chapter two, the author made an in-depth analysis of traffic accident crime on the basis of Hubin case from subject, subjective aspect, object and objective aspect. The author explained fully the legitimacy and rationality to judge Hubin has committed traffic accident crime. In this chapter, the author explored and analyzed the difficult issues on traffic accident crime. Regarding the controversial views in theoretical circles, the author put forward her own views.Then the author made an in-depth discussion of the relationship of traffic accident crime and endangering public safety with dangerous means on the basis of Hubin case and Sun Weiming case from subjective aspect and objective aspect and sentencing using comparative analysis method. Finally, the author discussed crime of dangerous driving. To begin with, the author elaborated constitution of crime of dangerous driving and combed the concept and range which are difficult to understand of the subjective and objective elements under the provisions of the new Penal Code. Secondly, the author analyzed the relationship of crime of dangerous driving and the related crimes, clarified the boundaries of the judicial practice of traffic accident crime, endangering public safety with dangerous means and crime of dangerous driving.Chapter three is the futher discussion of traffic accident crime and the necessity of dangerous driving crime from theory to practice. The author analyzes the existing legislative defect of dangerous driving crime and traffic accident crime and proposes some suggestions.