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The Research Between The Crime Of Endangering Public Safety And The Traffic Accident

Posted on:2022-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuFull Text:PDF
GTID:2506306539478134Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of my country’s economy and the renewal and iteration of my country’s society,driving by car has become one of the most common means of transportation for the public.Due to the increase in people’s economic income and the rapid upgrade of cars,cars are extremely cost-effective and fast.The comfort is high.As a result,the use of cars in our country has also increased year by year.Because driving a car itself has a certain risk,the cases related to driving accidents have also increased significantly.These cases are concentrated in the crime of endangering public safety by dangerous means and the crime of causing traffic accidents.on.Although the two crimes are easier to distinguish in theory,in practice the boundary between the two crimes is often relatively blurred.The study of the distinction between the crime of causing traffic accidents and the crime of endangering public safety is of great significance both in theory and practice.Therefore,starting from a large number of relevant cases,this article discusses the differences between the crime of endangering public safety and the crime of causing traffic accidents in the subjective,objective,objective,and criminal outcomes.Provide meager assistance when handling related cases.This article is divided into four chapters.The first chapter is the research status and research ideas,expounding the research status of the two crimes in the theoretical circle and explaining the idea of dividing the two crimes in this article.The second chapter is an empirical review,which mainly sorts out related cases and elaborates on the problems caused by the case.The third chapter analyzes the reasons why it is difficult to distinguish the crime of endangering public safety and the crime of causing traffic accidents in judicial practice,mainly from the theoretical level and the judicial practice level.The fourth chapter proposes suggestions on the distinction between the crime of endangering public safety by dangerous methods and the crime of causing traffic accidents.The suggestions include the following points: First,the objective aspect: clarify the double identification standard of "other dangerous methods";second,the objective level: The essence of "public safety" is the safety of unspecified or most people;third,the subjective aspect: infer the subjective mentality based on objective behavior;fourth,the criminal outcome level: abandon the "consequence-only" conviction thinking.
Keywords/Search Tags:crime of endangering public safety by dangerous means, crime of traffic accident, crime of drunk driving, public safety
PDF Full Text Request
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