Research On Criminal Liability Of Non-drivers’ Road Traffic Crimes

Among criminal traffic violations in China,over 90% of the subject of a crime is the driver.While,there are certain defects and tricky problems in legislation,judiciary and theory in relation to non-drivers who just gain relatively little attention.Therefore,it is of great value both in theory and in practice to conduct researches on the criminal liability of other traffic participants in road traffic crimes besides drivers.The paper falls into four parts.In the first part,it analyzes the general theory discussed in this study.At first,define the bounds of the two core concepts of “criminal traffic violations” and “non-driver”;Then,expound the views on “joint intention” and “joint negligence” respectively in the subjective aspect of joint criminal offense,and divide the ambit of criminal traffic violations;Finally,analyze “the Reliance Theory”.In the second part,it analyzes the difficult problems in crime of causing traffic casualties in relation to non-driver,discuss the objective element of a crime and adopt empirical analysis to show the characteristics of pedestrian traffic accidents in reality;Next,study the bounds of criminal responsibility that the supervisor,vehicle owner and contractor should undertake from the three circumstances of “instructing the perpetrator to drive illegally to cause a major accident”,“instructing the perpetrator to escape and causing death” and “not fulfilling the supervisory responsibility and causing a major accident”.Finally,study the bounds of the criminal liability of the passenger from the three circumstances of “forcing the driver to drive in disobeying the rules”,“instructing the driver to escape and after causing vehicular homicide” and “causing heavy traffic accident after violating the passenger’s obligations”.In the third part,it analyzes the tricky problems on dangerous driving crime involved non-driver.First,based on the newly added articles of the Amendment（IX）to the Criminal Law,it analyzes and supplement the circumstances when the owner and manager of the motor vehicle committed dangerous driving crime;Then,analyze the circumstances when passengers participated in the dangerous driving crimes of “chasing and racing”“drunk driving” and “overtaking and speeding in passenger cars”and further identify that the passenger committed a dangerous driving crime;Finally,analyze two special circumstances in which fellow drinkers and people who urge the driver to drink commit dangerous driving crime under the circumstance that the before-mentioned people know that the driver will drive after drinking and even ask the drunk people to drive a motor vehicle.In the fourth part,it analyzes obstructing safe driving crime of non-driver.First,discuss the difficult problems on the elements of obstructing safe driving crime;Then,identify that people outside the vehicle can also commit obstructing safe driving crime and analyze the specific reasons.