Traffic crime provisions in the Criminal Law Chapter II crimes against public security, which refers to violation of traffic regulations, and therefore a major accident, causing serious injury, death or crime to public and private property suffered heavy losses. Traffic Crime is a public institution examinations often test sites, mainly in the form of test cases, which lists specific instances, select the appropriate charges.
General crime under the criminal provisions of the four constituent elements, namely the subject of crime, crime subjective aspect, the object of the crime and the criminal subjective aspect, while the case of self-defense, such as the emergency there is no identified specific crime charges. First of all, the main traffic accident crime subject to the provisions, from the perspective of age, which should be fully in line with the age of criminal responsibility, that is over 16 years of age. From the perspective of mental condition of consideration, it should have the appropriate criminal responsibility. Secondly, the traffic accident is subjective fault, including the fault of negligence and fault of over-confidence. Again, traffic accident object slightly controversial criminal law, some scholars believe is the normal order and traffic safety violations transportation, there are thought to be against traffic safety, but also considered normal order against transportation and people's lives, property Safety. Finally, the objective aspect of crime, criminal law provisions for the crime of traffic accident, clearly constitute this crime need to have the actual result of the damage that heavy losses of life and property, and then clear the extent of judicial interpretation of the specific heavy losses.
"Supreme People's Court on the trial of criminal cases, traffic accident a number of issues specific application of the interpretation of the law" provides traffic accident has one of the following circumstances, three years imprisonment or criminal detention :( a) the death of one person or three or more serious negative incidents or the primary responsibility; (b) the death of three or more negative the same responsibility for the accident; (iii) public property or property of others caused direct losses, negative incidents were the primary responsibility for the amount of compensation can not afford more than 300,000 yuan .
Traffic accident caused by more than one person seriously injured, negative incidents were the primary responsibility, and have one of the following circumstances, convicted and punished to the Crime :( a) drunk, driving a motor vehicle after taking drugs; (b) driving without a driving license motor vehicles; (c) knowingly safety device failure or malfunction to a motor vehicle safety and driving; (d) knowingly no license plate or scrapped motor vehicle while driving; (e) serious overloading driving; (f) to avoid legal action and fled the scene of the accident.
In the learning process the crime of traffic accident, in addition to the mastery of basic constituent elements, but also should have information on the provisions of important and difficult exam prone. According to the provisions of judicial interpretation, after the traffic accident, the unit in charge of personnel, motor vehicle owner, contractor or passengers ordered the perpetrator to escape, causing the victim died due to lack of relief, to the Crime and punished. Perpetrator to avoid legal action after a traffic accident, hidden or abandoned after the victim away from the scene of the accident, causing the victims to get assistance but not death or severe disability, intentional homicide or intentional injury convicted and punished.
In conclusion, involving hit and run traffic problems, mainly divided into several cases to distinguish. First, no escape situation, committing traffic offenses, and at 3 years of imprisonment or criminal detention. Second, transportation escape after the accident or have other special circumstances of the poor, at least 3 years 7 years imprisonment. Third, caused by escape death, at more than seven years in prison. Fourth, after the traffic accident to avoid legal action, the victim away from the scene after the accident hidden or abandoned, causing the victims to get assistance but not death or severe disability, intentional homicide or intentional injury convicted and punished. In the test, the question should the case arise, the need for conviction and sentencing according to different situations.
After [examples] (radio) Wang Zhao and his wife to attend a friend's wedding by Zhao driving home, Wang sat in the back seat, Zhao intersection after a hastily red light and hit through this intersection a primary school, Wang rushed for Zhao said: "go quickly, and now no one has seen." Zhao then stepped on the gas, running five kilometers. The students due to lack of timely relief and death. Zhao was arrested for the crime of traffic accident according to the law, how to conduct the Wang found? ()
A does not constitute a crime
B Zhao traffic crime and common crime
C traffic crime, but not a common crime
D intentional homicide
[Answer] B. Analysis: According to the "Supreme People's Court on the trial of criminal cases, traffic accident a number of issues specific application of the law interpretation of" the provisions of Article 5, paragraph 2, "traffic accident, unit executive officer, motor vehicle owner, contractor or passengers instigate accident people escape, resulting in the victim died due to lack of relief, to the crime and punished. " That case Wang ordered passengers to escape, Zhao traffic crime and common crime.
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