Research On The Legal Application Of Traffic Accident Crime

In recent years,China’s vehicle increased the amount of personnel engaged in transportation driving and traffic moral behavior is uneven,high traffic accident,the impact of the order of public transport,endangering public safety and safety of public and private property,has aroused great attention in the academic circle,to carry out in-depth research.In the study,different scholars and the scope of legal workers,identification of the traffic accident crime,the main identified,after traffic accident "and" due to the plot of "death caused by escape,there are still a lot of controversy.The behavior of traffic accident,traffic accident crime,traffic accident crime plot,the definition of traffic accident crime and the related crimes the in-depth study.This paper is divided into four chaptersThe first chapter mainly analyzes the main body of the traffic accident crime,on the cognizance of traffic accident crime.According to criminal law of the people’s Republic Chinese,interpretation of the Supreme People’s Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accidents,a clear concept of the crime of traffic accident,analysis of the crime of causing traffic casualties the field and the subject.On this basis,in-depth study of the cognizance of the crime of traffic accident,including the illegal act is true,caused a serious accident consequences,causation,occurred in the road,waterway transportation range,accident behavior caused by subjective negligence.The second chapter mainly studies the accomplice of traffic accident crime.Because of the traffic accident crime is a controversial issue in academic circles and in judicial practice,this paper focuses on the research of the traffic accident.The denial of the existence of certain crime,two opposite point of view is studied,put forward the accomplice of traffic accident crime should be conviction,and how to carry on the determination were studied.The third chapter mainly studies the traffic accident crime cognizance of the plot.For the traffic accident crime plot identification,the academic circles also have negative theory and positive theory.In this paper,two different views on the research of the views of relevant scholars and judicial practice,affirmed the traffic accident crime plot,and after the traffic Accident Escaping from non surrender after the traffic accident identification and surrender of two aspects of the research.The traffic accident escape from non surrender before filing,after the filing,the offender was arrested after the three aspects of the study;to escape after traffic accident voluntarily surrendered themselves to the identification,analysis of two elements after traffic accident surrendered.Of the three cases of traffic accident surrendered after the escape was analyzed.The fourth chapter mainly studies the definition of traffic accident crime and high dangerous driving crime,intentional homicide crime,intentional injury crime and other related crimes.Through the above research,we hope to provide some useful reference for judicial practice.