論支通肇事罪缺陷和完善
發(fā)布時間：2018-07-28 20:51
【摘要】：從原始社會到現(xiàn)代社會,人類的文明程度不斷地提高,人類的代步工具也在不斷地發(fā)生變化,出現(xiàn)了可以快速行駛的機動車。由于機動車的行駛速度之快,因而不可避免地導致了較多交通事故的發(fā)生,使得他人的生命安全和公私財產(chǎn)受到了很大的威脅。針對此種棘手情況,我國在1957年刑法草案中第一次就將“交通肇事罪”規(guī)定了進去,并在之后的中國第一部刑法典1979年刑法中將“交通肇事罪”予以確定下來,后來的1997年刑法典針對司法實踐中存在的問題又對其進行了補充和修改,最終形成了我們現(xiàn)在所認識到的較為完整的交通肇事罪。交通肇事罪指的是以非交通運輸人員和交通運輸人員為主體的,主觀上為過失的在公共交通運輸范圍內(nèi)客觀上實施了違反交通運輸范圍內(nèi)管理性法規(guī)、規(guī)章的行為所導致的公私財產(chǎn)重大損失和他人死亡、重傷等重大后果的行為。區(qū)分以危險方法危害公共安全罪與交通肇事罪主要在于行為是否造成了與法定危險犯相等價的危險狀況。根據(jù)實行行為以及主觀罪過確定具體交通肇事案件中一罪與數(shù)罪的情況。我國現(xiàn)行的交通肇事罪立法中,由于未能引進共同過失犯罪理論,使得唆使他人違章駕駛導致事故發(fā)生或者致使他人逃逸釀成更嚴重后果的行為人不能以共犯問題進行處理。同時,交通肇事罪主觀罪過的限定,使得一些其實是故意好像是過失的交通肇事行為被阻擋在刑法之外；交通肇事之后逃逸以及致人死亡的問題與交通肇事罪本身構罪條件存在沖突,未能妥善解決；新設立的危險駕駛罪由于認定標準沒有明確導致司法實踐中認定困難,無法更好地懲治交通肇事罪的“漏網(wǎng)之魚”�；谌绱说牧⒎ㄈ毕�,我國刑法傳統(tǒng)共犯理論應當對共同過失犯罪理論進行引進,使得交通肇事罪能夠懲治一些危害較大的外圍交通肇事的唆使人。同時,擴大交通肇事罪的主觀罪過,將間接故意納入進去；加大交通肇事罪犯罪的刑罰懲處力度；對于交通肇事之后的逃逸行為進行獨立定罪,保證刑法理論的統(tǒng)一性；明確危險駕駛罪的定罪處罰標準。能夠讓交通肇事罪能夠更加完善地保障公共交通領域內(nèi)生命和公私財產(chǎn)的安全。
[Abstract]:From the primitive society to the modern society, the civilization degree of the human beings has been continuously improved, and the means of human movement have been constantly changing, and the motor vehicles that can be driven quickly have emerged. Due to the speed of motor vehicles, it inevitably leads to more traffic accidents, which make the lives of others and public and private property under great threat. In view of this thorny situation, our country first stipulated "traffic accident crime" in the draft criminal law of 1957, and then confirmed "traffic accident crime" in the 1979 criminal law of the first criminal law of China. Later, the Criminal Code of 1997 supplemented and modified the existing problems in judicial practice, and finally formed a relatively complete traffic accident crime that we now recognize. The crime of causing a traffic accident refers to the crime of taking non-traffic and transportation personnel as the main body and subjectively negligent in carrying out objectively the violation of the regulations of management within the scope of public transport. The act of causing significant damage to public or private property and the death or serious injury of another person. The distinction between the crime of endangering public safety by dangerous method and the crime of causing traffic accident mainly lies in whether the behavior has caused the dangerous condition which is equal to the legal dangerous crime. According to the practice act and subjective crime to determine the specific traffic accident in the case of a crime and a number of crimes. In the current legislation of traffic accident crime in our country, due to the failure to introduce the theory of joint negligence crime, the perpetrator who abets others to drive illegally leads to accidents or causes others to escape into more serious consequences can not be dealt with the problem of accomplice. At the same time, the traffic accident crime subjective crime limits, causes some is actually intentionally is the traffic accident behavior which seems to be negligent is blocked outside the criminal law; The problems of escaping and causing death after traffic accident and traffic accident crime itself are in conflict, which can not be solved properly; the newly established dangerous driving crime has not clearly resulted in the difficulty of judicial practice because of the lack of clear standards for the determination of dangerous driving crime. Can not better punish the crime of traffic accident, "the fish of net leakage." Based on this legislative defect, the theory of joint negligence crime should be introduced into the traditional theory of complicity in criminal law in our country, so that the traffic accident crime can punish some people who are abetting the traffic accident. At the same time, expand the subjective crime of traffic accident, will indirectly intentionally into the crime; increase the punishment of traffic accident crime punishment; after the traffic accident escape behavior of independent conviction, to ensure the unity of the criminal law theory; Define the standard of conviction and punishment for the crime of dangerous driving. It can make traffic accident crime more perfect to protect life and public property safety in the field of public transportation.
【學位授予單位】：華中師范大學
【學位級別】：碩士
【學位授予年份】：2015
【分類號】：D924.3
本文編號：2151538
[Abstract]:From the primitive society to the modern society, the civilization degree of the human beings has been continuously improved, and the means of human movement have been constantly changing, and the motor vehicles that can be driven quickly have emerged. Due to the speed of motor vehicles, it inevitably leads to more traffic accidents, which make the lives of others and public and private property under great threat. In view of this thorny situation, our country first stipulated "traffic accident crime" in the draft criminal law of 1957, and then confirmed "traffic accident crime" in the 1979 criminal law of the first criminal law of China. Later, the Criminal Code of 1997 supplemented and modified the existing problems in judicial practice, and finally formed a relatively complete traffic accident crime that we now recognize. The crime of causing a traffic accident refers to the crime of taking non-traffic and transportation personnel as the main body and subjectively negligent in carrying out objectively the violation of the regulations of management within the scope of public transport. The act of causing significant damage to public or private property and the death or serious injury of another person. The distinction between the crime of endangering public safety by dangerous method and the crime of causing traffic accident mainly lies in whether the behavior has caused the dangerous condition which is equal to the legal dangerous crime. According to the practice act and subjective crime to determine the specific traffic accident in the case of a crime and a number of crimes. In the current legislation of traffic accident crime in our country, due to the failure to introduce the theory of joint negligence crime, the perpetrator who abets others to drive illegally leads to accidents or causes others to escape into more serious consequences can not be dealt with the problem of accomplice. At the same time, the traffic accident crime subjective crime limits, causes some is actually intentionally is the traffic accident behavior which seems to be negligent is blocked outside the criminal law; The problems of escaping and causing death after traffic accident and traffic accident crime itself are in conflict, which can not be solved properly; the newly established dangerous driving crime has not clearly resulted in the difficulty of judicial practice because of the lack of clear standards for the determination of dangerous driving crime. Can not better punish the crime of traffic accident, "the fish of net leakage." Based on this legislative defect, the theory of joint negligence crime should be introduced into the traditional theory of complicity in criminal law in our country, so that the traffic accident crime can punish some people who are abetting the traffic accident. At the same time, expand the subjective crime of traffic accident, will indirectly intentionally into the crime; increase the punishment of traffic accident crime punishment; after the traffic accident escape behavior of independent conviction, to ensure the unity of the criminal law theory; Define the standard of conviction and punishment for the crime of dangerous driving. It can make traffic accident crime more perfect to protect life and public property safety in the field of public transportation.
【學位授予單位】：華中師范大學
【學位級別】：碩士
【學位授予年份】：2015
【分類號】：D924.3
【參考文獻】
相關期刊論文 前2條
1 程曙明;陳萍;李益明;;交通肇事罪立法完善之探討[J];吉林公安高等專科學校學報;2009年01期
2 馮金銀;交通肇事罪認定中的幾個問題[J];政法論壇;2004年04期
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