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Studies on the Legislation Types of Traffic Safety Crime

Author: XieLingFang
Tutor: ZhengWei
School: East China University of Political Science
Course: Legal
Keywords: Traffic safety type of crime Legislation
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 141
Quote: 2
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Abstract

In recent years, with the social and economic development, in addition to the growth of vehicle ownership society, China is in course of a period during which the incidence of major Traffic Accident also showed an increasing trend. Recently, many cases of dangerous driving are reported in the media which raised great social concern and widespread controversy. Experts and the general public have requested to modify the Criminal Law, and make the dangerous driving behavior as a crime. In fact, there have been many problems in the legislation of the traffic safety crime for a long time, but with a series of outbreaks of malignant traffic accidents, these problems are aroused people’s extensive attention. How to improve the legislation of the traffic safety crime and curb the trend of high incidence of Traffic Accident is one of the important issues of the criminal law.This paper are in-depth analyzing the shortage of the legislation of the traffic safety crime ,input the view which is about making the traffic safety crime to be a crime category in the Criminal Law, with analyzing the Criminal Law and " The Amendment (VIII) Bill to the Criminal Law" which is being considered by the NPC Standing Committee.This paper is consists of two parts including the introduction and the text.Introduction discusses the background and significance of the subject, summarizes the innovation of this paper and refines the view of this paper.The text includes three chapters.Chapter I generally introduces the current legislation of the traffic safety crime. First, it introduces the legislation of the traffic safety crime in the criminal law and the judicial interpretation which are about the crime of traffic accident, the crime of rail accident and the crime of air accident. At the same time, it discusses the main charge of the traffic safety crime from the concept and constitute of a crime.Chapter II generally introduces the shortages of the current legislation of the traffic safety crime. This chapter mainly starts from the legislation policy and criminal penalties in order to make a comprehensive review and analysis. First, the current circle of criminal penalties for crimes of traffic safety is too small, compared with some developed countries, the potential crime is not included in the practice of criminal punishment; second, this chapter pointed out that there are some legislative problems in previous act, namely the traffic accident act, and succeeding act, namely, escape behavior. Finally, the penalty of traffic accident crime is not balanced; with the possibility of a violation of the principle of equity, crime fit the punishment, and criminal types are too less to including the entire criminal situation.Chapter III presented the legislative proposals of type of traffic safety crimes. Firstly, consider the meaning of legislative type of the crime; secondly, pointing out the dangerous driving is dilemma in criminal justice processing and demonstrating the rationality of "The Amendment (VIII) Bill to the Criminal Law" put the dangerous driving as a crime. Thirdly, on the basis of making reference of practices in developed countries, make the suggestion of the establishment of a separate crime of Traffic Escape Crime; Finally, from the viewpoint of the type of legislation to have a detail design of provisions of traffic safety crime.The paper believes that the different legislation types of traffic safety crime are the ultimate solution to solve a series of problems in traffic accident. Only the fundamental improving the legislation of traffic safety crime can really play its functions in the prevention and punishment of crime, and prevent and reduce the frequency of Traffic Accident from the very source.The innovation of the paper is to make the different legislation types of traffic safety crime, increase dangerous driving and the behavior of escape as new crimes and modified the traffic accident crime. In addition, the paper suggested that to transfer all the crimes involving the traffic safety to the question of crimes, accomplices, etc. and to establish a collective regulation to set strict criminal penalties for traffic safety circle and the configuration steps reasonable penalty. At the same time, the paper suggests to design the provisions of traffic safety crime carefully, and explain its specific application and convergence of each other.

Studies on the Legislation Types of Traffic Safety Crime

Abstract

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