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The Study of the Criminal Control of Road Traffic Order

Author: HuKai
Tutor: OuJinXiong
School: Guangxi University for Nationalities
Course: Criminal Law
Keywords: Traffic Accident Dangerous driving Escape Charges vest Crime System Penalty
CLC: D924.3
Type: Master's thesis
Year: 2011
Downloads: 41
Quote: 0
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Abstract


China is in a high incidence of road accidents , serious road traffic safety situation will inevitably lead to the defense reaction of the society , in the case of other social sanctions weakness or fatigue , improve the criminal law on road traffic offenses regulation system to build criminal sanctions Network is particularly important , and this has a positive and realistic significance to the protection of human rights and the maintenance of social and public traffic safety . Examine the criminal law , will only lead to a serious accident traffic accident behavior included in the scope of criminal sanctions , the unreasonableness of the penalty configuration and incriminate range . This paper analyzes the cause of road traffic accidents frequent reason , based on the current legislation and judicial practice , and focus on analyzing traffic crime charges defects as well as administrative law on the lack of regulation of road traffic order , built on the reference to foreign countries related legislative experience on the basis of the basic spirit of the rule of law based on criminal , proposed the basic principles of the legal control of road traffic order system constructed to be followed , further counts vesting legislative model , and is detrimental to road traffic order criminal system and criminal punishment legislative Perfection made ??a useful attempt to explore . In this article, demonstrated the need for secondary classification in order to highlight the harm Traffic Safety criminal charges involved in crimes against public safety , improve traffic crime incriminate standard , the perfect crime of dangerous driving reasonable proposals , it is recommended that additional traffic accident sin , the traffic police of the crime of abuse of power and the traffic police of dereliction of duty , and punishment kinds of related offenses and the legal punishment reasonable configuration, leading to the legal control of road traffic order system ordinance the whole construction , to make a modest correction to the current legislation .

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