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Research on Traffic Accident Crime Offense of Joint Negligence in China

Author: WangXiaoYun
Tutor: ZhouShaoYuan
School: Anhui University
Course: Legal
Keywords: Offense of Joint Offense of Joint Negligence Traffic Accident Crim Serial traffic accident
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 140
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Abstract

Despite years of debate whether Traffic Accident Crime Offense could involve Offense of Joint Negligence is still controversial. Besides,there are confusions on understanding and processing the traffic accident cases,which cause less than desired affect and demand of updating the relevant laws.Based on the issues mentioned above,this article is mainly about whether Traffic Accident Crime Offense could involve joint offence through negligence,the appointment of liability in such crime,combined with relevant laws and established cases,this article present the probability analysis on the involvement of joint offence through negligence in the series crimes of causing casualty with appointment of liability issue,research on artical5,section2,and article7 of<judicial interpretion>,the new processing protocol of series crimes of causing casualty with appointment of liability issue,and the legislative proposition of full involvement of joint offence through negligence in the crimes of causing casualty.(1) more than one offendors of act shares the joint lawful obligation to prevent the harmful consequence from happening.(2) more than one offendors paticipate the joint act which violate the joint lawful obligation to prevent the harmful consequence from happening and this joint act lead to harmful consequence.(3)the offendors violate the joint lawful obligation subjectivelyFor not approve Offense of Joint Negligence,traditional crimimology can not provide a appropriate method to solve the appointment of liability issue,which causes unbalance appointment of liability and undesirable social effct.Joint Offence Through Negligence can also involve accessory and coerced offender,and the difference of crime organizer, accessory,aider an abettor. Theoreticlly,there are controversy of whether joint offence through negligence can be proved logical by article5 section2 of<judicial interpretion>.Based on the theory of joint offence through negligence mentioned above and the unbrella shape theory of Traffic Accident Crime Offense based on article133 of <criminal law>,this article refers that crime of instigate hit and run applys to article5 section2 of<judicial interpretion>,the participator who instigate such crime can be convicted as role of abettor and joint offender of crime of causing traffic casualties (which can be set-term imprisonment with more than 7 years sentence).According to judicial interpretation article 7, joint offense through negligence can be proved logicalFor a long time Traffic Accident Crime Offense can be applied to the representative of a unit,owner of mobile vehicle or contrctor. The rationale here are 1.based on supervisoy failure theory, it is very nessesary to establish the statute of a subject of supervisor judiciallly.2. judicial interpretation article 7 is qualified as joint offense through negligence, besides judicial interpretation article 7 establish the type of abettor through negligence judicially.When practicing serial Traffic Accident Crime Offense which been occurs a lot,there are disputed methods can be chosen,all these methods have advantage and dis-advantage.It is logical to apply joint offence in such crime,and also lawful to convince criminal penalty for each participator by applying the principle of appoint of criminal liability and the participation in the such crime,to make sure the justice be served.After analyzing the aforementioned question. We here propose:1. clirify the definition of joint offense through negligence and clear state that this kind of violation fall into the category of Traffic Accident Crime Offense, on the other hand, perfecting this chapter by adding:serial crimes Of Causing Traffic Casualties in which the responsibility can be clearly distributed among offensor of act should be dealt as independent crimes. While if responsibility can not be unquestionably distributed, the cases should be dealt as joint Traffic Accident Crime Offense.2. Set common principle for joint offence through negligence by aiding the judicial interpretation to fulfil the blank part of general principles of criminal law by set rules follow:any violation of this principle by participate joint violation of traffic law which cause crimes with traffic casualties shall be treated as joint offencer of such crime,which complete the constitution of crimes with traffic accident in our law system.

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