Dissertation
Dissertation > Political, legal > Legal > Chinese law > Criminal law > Sub-rule

The Crime of Causing Traffic of Someone

Author ZhangChangLan
Tutor WangMin
School Southwest University of Political Science
Course Legal
Keywords traffic accident of crime the crime of endangering public safety in adangerous way difference between
CLC D924.3
Type Master's thesis
Year 2012
Downloads 35
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The crime of traffic accident and dangerous to approach the crime of endangering publicsafety is the crime of endangering public safety in the common crime, the distinction betweenthe two, in the judicial practice in general can be clearly defined. But when the actor(thesuspect, the defendant)to driving risk method to carry out endanger public safety, thequalitative often controversial. In this paper, based on the real case of divergence ofopinion analysis, understanding the crime of traffic accident and dangerous to approach thecrime of endangering public security problems of identification, and from theory and practicetwo pairs of difference, so as to get the conclusion. This article is composed of preface andtwo parts. The main content of traffic accident occurrence reason the purpose and meaning ofthis paper. The text consists of five parts.The first part: the basic case: mainly introduces Ye moue in undocumented drivingsituations, in order to escape the police check, escape in the process to the victim’s damageand judicial organs as the case.The second part: the case of dispute, a view that Ye moue behavior constitutes the crimeof causing traffic casualties; that of another Ye moue constitutes dangerous to approach thecrime of endangering public security.The third part: controversies and disagreements, the first opinion: Ye moue behaviorshould constitute the crime of causing traffic casualties. The reason is: in the absence of themotorcycle certificate Ye moue driving, driving a motorcycle with overdue inspection, HowMoue, and three people with no helmet, violation of traffic regulations. Violate trafficregulations Ye moue was intentional, but it does not want to harm result occurs, on theoccurrence of harmful consequences are exclusive, opposed, the subjective fault of confidenttoo much, act in accordance with the traffic accident crime, should be identified as the crimeof causing traffic casualties. The second view: Ye moue constitutes dangerous to approach thecrime of endangering public security. The reason is: Ye moue unlicensed driving motorvehicles, to escape the police inspection, the human life, health and property at disregarding,drove away, and before confirming the safety of exercise conditions, accelerated by thehighway junction, and the normal running of motor vehicle crashes, leading to both sides ofthe vehicle to the roadside crowd, killing two people, more than people were injured, and caused some property damage in serious consequences. In the objective aspect of Ye moueviolated unspecified human life, health and public and private property, and the subjectiveknowing that their actions may entail harmful consequences to society, and let the result ofsubjective psychological attitude, which belongs to the indirect intent; conform toendangering public security the requisites to constitute a crime, shall be identified asdangerous to approach the crime of endangering public security.The fourth part: from theory and practice of the crime of causing traffic casualties anddangerous to approach the crime of endangering public security difference are discussed, thuson two kinds of behavior interleaved to qualitative analysis, as well as the two penaltyapplication.The fifth part: from Ye moue subjective, objective aspects of the analysis, so as to get thecase set the traffic accident crime and not dangerous to approach the crime of endangeringpublic security conclusion.

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