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Problems of Crime of Traffic Accident

Author: LiJun
Tutor: XueRuiZuo
School: China University of Political Science
Course: Criminal Law
Keywords: Traffic Crime Constitute a crime Escape
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 390
Quote: 1
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Abstract


In modern society , transport plays a pivotal role in economic development and civic life. Followed by a continued upward trend in traffic accident crime , causing heavy casualties and severe economic losses. In order to combat and prevent crime increasingly serious traffic accident in 1997, \explain a number of issues \It can be said that the existing legislation concerning traffic accident crime and judicial interpretation and practice basic combat traffic accident crime is adapted to the needs . However, theorists and practitioners are still many questions worth exploring. This paper is divided into five parts. The first part is an overview of the Crime . In this section, introduces the concept of legislative history of the Crime and the Crime . The author believes that \crime infringed legal interest , traffic crime in terms of performance objective , subjective aspects constitute the main body and the Crime of Traffic Accident Crime . The third part is the Crime identified . This section discusses the distinction between crime or traffic accident crime boundaries and traffic crime and other crimes confusing . The boundaries of crime or crime of traffic accident introduces the traffic accident crime and general accidents , accidents distinction. In distinguishing this crime and sin , introduces the traffic crime and the use of transport intentional homicide , intentional assault, use of transport to the crime of endangering public safety and dereliction of duty difference. The fourth part is the Crime of criminal responsibility . In this part , the author discusses the applicable case of traffic accident crime and punishment to the second tranche of the third tranche of legal punishment , as well as the surrender of traffic accident crime problem . The fifth part is the legislative proposals. By the foregoing discussion of controversial issues of traffic accident crime in theory and judicial practice exists , the author presented to the Crime perfect proposal : 1 , the units into the main range of the Crime ; 2, lower conviction standards ; 3 , additional qualifications punishment, criminal fines ; 4 , professional negligence and ordinary negligence distinction punishment. This article is based on legislation and judicial interpretation of the provisions made ​​in the traffic accident crime , traffic crime starting from the concept and constituent elements , analyzes the essential characteristics of the Crime , through case studies and accurately identify traffic crime and other criminal confusing phase difference. By way of analysis of the theoretical arguments contentious issues the Crime and Punishment in the present. Seeks to provide for the judicial practice of the Crime and Punishment finds some help in order to combat and prevent traffic accident crime , provide a good environment for the development of society, transport , protection of citizens' personal and property safety , and promote national development .

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