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Research on Traffic Accident Crime Related Problems

Author: ZhaoYang
Tutor: LiRenFu
School: Jilin University
Course: Criminal Law
Keywords: Traffic crime Constituent elements Difficult problems Criminal Law Amendment (h ) ( draft ) Drunken driving Perfection of Legislation
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 197
Quote: 0
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Abstract


At present, China's motor vehicle population has reached nearly 200 million. According to the data provided by the Ministry of Public Security, there were last year's national road traffic accidents from the more than 230,000, an average of 630 per day, resulting in nearly 70,000 deaths and direct property loss of over 900 million yuan. Traffic Accident incidence compared to previous years, have shown a declining trend, but through the above figures, is not difficult to find the Traffic Accident significant decline in the target can not be achieved in the short term. Along with social progress, the specific circumstances of the traffic accident in such cases become more complex and changeable, such as: traffic crime of intentional homicide conversion and the conversion of the crime and to risk endangering public safety. Traffic crime is still a very worthy of our in-depth research, investigate charges. Traffic crime theory put forward some personal point of view, to a certain extent to solve the various problems encountered in the practice of the legislative, judicial. The article is divided into the following five parts: The first part of the Introduction. This section first representations of motor vehicle's impact on people's lives, and combined with the number of motor vehicle accident cases in China, the number of casualties and the current legislative situation in 2009, described the purpose of writing this article, significance. The second part, Introduction to traffic crime. The author of this part of the content of this problem start with the definition of the crime of traffic accident about modern Chinese scholars elaborated several different understanding of traffic crime charges, based on comparative analysis, and put forward their point of view . Objective elements and subjective elements of the crime of traffic accident and then start our jurisprudence elaborated the scope of the main traffic crime, finds that subjective transgressions manifestations as well as the contents of the object, and the objective should have conditions related content at the same time raised the point of view of the author support and personal views on the above issues. Finally, the author of our current traffic crime legislation brief introduction, while current traffic crime legislation in other countries of the world, and pointed out that the place which worth learning. The third part, traffic crime identified problems. With the substantial increase in motor vehicle ownership, traffic accidents manifestations of crime is also becoming more diverse, more readily identified in the past of traffic accident crime has become more complicated. For example: Traffic Accident accomplice to escape problems, etc., all brought unprecedented challenges to the judiciary. My part, escape more contentious accomplices were discussed and made a personal point of view. The fourth part, traffic crime legislation is perfect. Any one law can not be perfect, the same is true of traffic crime legislation. Throughout our the traffic crime legislation is not difficult to find that there are some worthy of our study on the content, but also there are some deficiencies. I for our latest provisions in the criminal law as well as the Criminal Law Amendment (h) (draft), try to propose some changes, comments and suggestions of improving the traffic accident crime legislation, to generate some enthusiasm on the future of China's Criminal Law role. The fifth part, conclusion. In this section, I described the original intention of writing this article, as well as the decline in the number of Traffic Accident in China some personal insights.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule
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