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Wang Moumou Traffic Accident Case Study

Posted on:2022-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Y FuFull Text:PDF
GTID:2516306614958269Subject:China Politics and International Politics
Abstract/Summary:PDF Full Text Request
Traffic accident crimes have always been one of the hot issues in theoretical and practical circles because of their commonness,high occurrence and complexity and diversity of cases.This paper focuses on the four controversial issues in wang’s traffic accident case and draws the following conclusions after in-depth research.Firstly,when specifically identifying "fleeing",the focus should be on the fulfillment of the perpetrator’s duty to assist,rather than on the behaviors of fleeing the scene as a necessary condition for "fleeing".Secondly,regarding the relationship between "fleeing to death" and the basic criminal of traffic accident crimes,it should adhere to the "negation of the prerequisites for the constitution of the crime",which does not require the constitution of the crime of traffic accidents as a prerequisite.Thirdly,it will be more appropriate to use the imputation concept of objective imputation theory,normative judgment thinking,risk manufacturing and realization analysis method to deal with the traffic accident cases with intervention factors.Finally,when distinguishing between traffic accident crimes and intentional murders without action,it is important to consider the specific case in a comprehensive way,rather than applying the rules of judicial interpretation in a stagnant way.
Keywords/Search Tags:Traffic accident crimes, Fleeing to death, Causation
PDF Full Text Request
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