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Crime of Traffic Accident Research

Author: AiJinPeng
Tutor: WeiLin
School: Northwestern University
Course: Law
Keywords: traffic accident crime punishment surrender dangerous driving
CLC: D924.32
Type: Master's thesis
Year: 2011
Downloads: 146
Quote: 0
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Abstract


With the current rapid development of our economy and society,a substantial increase in living standards, private cars and a large number of transport vehicles increased,the increase of road traffic pressure,then the Crime of incidence generally increased,and the relevant case of major also frequent,so traffic accident has become the cause of social instability as a potential factor in the harm to society is enormous.And the number of traffic accident is with people’s daily lives and the lives and property are closely related,so the penalty in such cases the judiciary has also been the public’s attention. However, due to China’s criminal law and judicial interpretation of the relevant provisions of the Crime there are many anomalies in the theory and practice sector has a lot of controversy; this article, the author selected the Crime of the analysis of several difficult problems, traffic accident in which that subject of the crime should be the general subject, the penalty should be to maintain the current status, and traffic accident did not escape should not be regarded as acts of surrender, the risk of traffic accident on the special criminal legislation should learn from foreign models alone The convicted and punished, recommended the establishment of "crime of dangerous driving" to solve the current population of the Crime of the controversy and doubts, thereby further increasing the current regulation and prevention of serious traffic accident crime. From the practical situation in China and fully focus on the legislative intent of the Criminal Code of the Crime of the main traffic accident, legal punishment, sentencing and other issues identified surrender were discussed,while the current drunk driving,drag racing and other dangerous driving made their ideas and views,in order to be able to related legislation and judicial practice in China to provide some useful help.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > Sub-rule > Crimes against public security
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