The Traffic Accident Crime And The Crime Of Endangering Public Safety Analysis

In recent years, major or fatal accidents often occur, causing concernof the whole society recognized standard for traffic crime led academictraffic crime with a lively discussion of the difference between the crimeof endangering public safety in a dangerous way. This paper triggeredwidespread concern about the Sun wei ming "and" hu Bin case as anopportunity to point out this vicious crime in the transport sectorfrequent all over the judiciary in the conviction and sentencing differsignificantly, resulting in the chaos of the co-contracting."Criminalrepair" the introduction of not only not an effective solution to thetraffic crime, but lead to dangerous driving, traffic crime, the chaoticconfusion between the crime of public safety to risk endangering. Of bya lot of doubts on the merits of the detailed description and the analysisand comparison of two Crime judicial verdict and reasons for judgment,the judicial dilemma faced behind the case also upset and helpless. Thisarticle based on the the jurisprudence applicable traffic crime and thecrime of endangering public safety by dangerous means, reason to insiston rational and mature expression of public opinion, in order to reachthe legal principles and sense of harmony and unity.This article about20,000words, mainly around elaborated thefollowing four parts:First, through the merits review and judgment analysis, pointed outthat of the doubts on the results of the court case, and initially proposeda superficial point of view of the author of the cases. Mainly include:the subjective aspects doubts The (knowingly nature, objective push downthe fallacy of the specific hazard understanding, etc.), the objectivedoubts, object doubts.Second, analysis of the differences and connections of the two crimes, support the author’s point of view put forward the basic theory. Furtherdraw the views of the drunk driving accident: traffic crime should.Legal Analysis, come to the impropriety of the court decision, andpointed out that the case is facing judicial predicament-the seriousnessof the principles of criminal law and public opinion emotional conflict,the conflict in the social sense and national jurisprudence.Fourth, a drunk driving accident and other traffic cases directionfor improvement of the administration of justice and uphold the concept.The authors propose a drunk driving accident and other traffic casesjudicial reform measures: improve traffic crime legislation, and the typeof evaluation drunk driving, criminal reconciliation system. Whileadhering to all judicial predicament has its specific social backgroundmacro concept, judicial reform depends on social reform and progress.