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Traffic crime

Author: CuiGuoQing
Tutor: WangMingLiang
School: Fudan University
Course: Legal
Keywords: Traffic crime Escape Surrendered Accomplice Compensate
CLC: D924.32
Type: Master's thesis
Year: 2011
Downloads: 174
Quote: 0
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Abstract


In recent years, China's economy and stable development of more rapid development of the logistics industry, while an increase in public transport, private cars began to enter ordinary families to become popular, especially motorcycles, electric cars are everywhere, which to our citizens bring convenience, it also brings a very serious problem that Traffic Accident obvious upward trend, which caused widespread concern of the criminal law scholars and the general public, our legal and judicial interpretations of Traffic Crime made it clear that the problem, but still no agreement in theory and practice. In this article, the author from Overview escape behavior, surrendered accomplice, and compensation was discussed in terms of the number of traffic accident crime problem, in order to generate a positive role on the theory and practice of traffic accident crime. Discusses the following questions: Part I: Overview of traffic accident crime. Mainly discusses issues related to the concept of crime of traffic accident crime constituted. I agree with such a view, that is an accurate statement of the concept of traffic crime should mean: \relevant judicial interpretations, the subject of the crime, including the transportation staff, transport aboard personnel and instigate, or force others to violate the driving unit executive officer of the traffic regulations, the owner of the motor vehicle or motor vehicle contractor. In other words, the subject of the crime is the general subject. Subjective aspects of this crime are generally a crime of negligence. The object of traffic crime is the safety of public transportation, the hazards of the objective aspect of this crime behavior is a violation of the traffic regulations of behavior, hazards result is a serious law, discusses the harm of the crime of acts and harm results between cause and effect relationship can take, the the assumption method validation. Part II: traffic crime \Discusses the traffic accident connotation of \Which discusses the qualitative and disposal of \discussed in more detail to the subjective aspects of Traffic Accident causing death. Part III: traffic crime surrendered Accomplice. That part first of all from the point of view of theoretical definition and practical judgment surrendered traffic crime related issues are discussed. Secondly, from the issues raised, the theory of contributory negligence crime, traffic crime exists common criminal accomplice of the three dimensions of Traffic Crime issues introduced in detail. Part IV: traffic crime, the issue of compensation research. This part of the study are two problems: first, traffic crime claims paying ability. This author from two angles of the criminal law legislative purpose and principles of criminal law system elaborated; Second, traffic crime, mental damages. The ability to request the spirit of the victim in the criminal incidental civil damages issues, I believe that the victims have the right to file an incidental civil action for moral damage, and explain why from jurisprudence and criminal law limitations.

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