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On the Crime and Punishment of Road Traffic Offenses in China

Author: WangShiZuo
Tutor: ZhouShaoYuan
School: Anhui University
Course: Legal
Keywords: Road traffic offenses Penalty configuration Criminal sanctions
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 136
Quote: 0
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Abstract


Unsafe road traffic systems are seriously harm the global public health and socio-economic development, the casualties caused by road traffic accidents has become an important part of global injury deaths. China is in the high incidence of road traffic accidents and frequent period, the total number of accidents and casualties in recent years has been among the first in the world. Serious road traffic safety situation is bound to cause a defense reaction of the community, in the case of other control means weak, we must consider the means of criminal sanctions to protect the interests of the various groups of the society. Compared with Western countries, legislation on road traffic offenses, the existing criminal law legislation model has been unable to adapt to the road traffic safety situation we are facing. The problem is not just reflected in the criminal law offenses, penalties configuration there are unreasonable. The starting point of this article is based on the control of road traffic accident prevention Criminal Law, consider the types of serious harm to road safety behavior independent incriminating and dangerous driving incriminate perfect views on the draft of the Criminal Law Amendment (h), one advocate the use of criminal of thought to explore the Crime and Punishment mode of road traffic offenses, criminal sanctions to protect the interests of the majority. With the development of society, the increasing dependence of modern transportation, improvement of traffic conditions While providing convenience to the community, but also inevitably breed a negative effect. Despite the traffic safety social protection mechanisms increasingly updated but still can not meet the needs of the people traffic safety and risk prevention. The article is a comprehensive review of the legislative history of road traffic offenses, and analyzed from the point of view of judicial practice and theoretical study of the existing criminal law related offenses and penalties configuration status and review. First, we point out the deficiencies of the traffic crime legislation, \The limitation of the responsibility for the accident and incompetence amount of compensation as the the practical difficulties incriminate conditions. In addition to the narrow circle of the statutory crime prevention controlling and charges identified on the current traffic crime still exist in the penalty configuration Statutory Sentence of the status of the lack of coordination and penalties incomplete. These problems have seriously hampered the penalty utility to play, making the existing criminal law provisions have been difficult to deal with the complexity of road traffic accidents in a variety of circumstances. Try to understand road traffic offenses criminal integrated thinking, I hope to examine the from the Penal run different stages of review and respond to the problem of road traffic offenses, stressed that based on the prevention of the expansion of the field of criminal law on road traffic crime control, dangerous driving into crimes will become an inevitable situation, broaden their horizons to seriously endanger traffic safety related sexual behavior, and has put forward four suggestions for improvement: the dangerous driving incriminating defined in the draft of the Criminal Law Amendment (h), the plot aggravated and repeated breach of law situation advice; advocate drink driving out of dangerous driving independent incrimination in order to better regulation of this phenomenon; propose Traffic Casualties crime; Fourth, the \behavior investigated for legal liability claims. It clear that the legislative proposal, the article also from a theoretical point of view of the philosophy of criminal law and criminal penalties for road traffic offenses configuration described, focusing on the value of the balance of the penalty configuration requirements, crime and punishment and penalties individualized theory with road traffic crime control. On this basis, to learn from abroad and other parts of the legislation, with the crime ring and the adjustment of the penalty circle breakthrough in the structure of the existing criminal law on road traffic offenses single sentence mode, create a free criminal property punishment and qualifications punishment as the main penalties, community service punishment and other punitive measures to complement the new model. The article also emphasis placed on addressing the issue of convergence of the means of penalties and administrative sanctions, the tension between the two form a reasonable.

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