论支通肇事罪缺陷和完善
发布时间：2018-07-28 20:51
【摘要】：从原始社会到现代社会,人类的文明程度不断地提高,人类的代步工具也在不断地发生变化,出现了可以快速行驶的机动车。由于机动车的行驶速度之快,因而不可避免地导致了较多交通事故的发生,使得他人的生命安全和公私财产受到了很大的威胁。针对此种棘手情况,我国在1957年刑法草案中第一次就将“交通肇事罪”规定了进去,并在之后的中国第一部刑法典1979年刑法中将“交通肇事罪”予以确定下来,后来的1997年刑法典针对司法实践中存在的问题又对其进行了补充和修改,最终形成了我们现在所认识到的较为完整的交通肇事罪。交通肇事罪指的是以非交通运输人员和交通运输人员为主体的,主观上为过失的在公共交通运输范围内客观上实施了违反交通运输范围内管理性法规、规章的行为所导致的公私财产重大损失和他人死亡、重伤等重大后果的行为。区分以危险方法危害公共安全罪与交通肇事罪主要在于行为是否造成了与法定危险犯相等价的危险状况。根据实行行为以及主观罪过确定具体交通肇事案件中一罪与数罪的情况。我国现行的交通肇事罪立法中,由于未能引进共同过失犯罪理论,使得唆使他人违章驾驶导致事故发生或者致使他人逃逸酿成更严重后果的行为人不能以共犯问题进行处理。同时,交通肇事罪主观罪过的限定,使得一些其实是故意好像是过失的交通肇事行为被阻挡在刑法之外；交通肇事之后逃逸以及致人死亡的问题与交通肇事罪本身构罪条件存在冲突,未能妥善解决；新设立的危险驾驶罪由于认定标准没有明确导致司法实践中认定困难,无法更好地惩治交通肇事罪的“漏网之鱼”。基于如此的立法缺陷,我国刑法传统共犯理论应当对共同过失犯罪理论进行引进,使得交通肇事罪能够惩治一些危害较大的外围交通肇事的唆使人。同时,扩大交通肇事罪的主观罪过,将间接故意纳入进去；加大交通肇事罪犯罪的刑罚惩处力度；对于交通肇事之后的逃逸行为进行独立定罪,保证刑法理论的统一性；明确危险驾驶罪的定罪处罚标准。能够让交通肇事罪能够更加完善地保障公共交通领域内生命和公私财产的安全。
[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.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
本文编号：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.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D924.3
【参考文献】
相关期刊论文 前2条
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2 冯金银;交通肇事罪认定中的几个问题[J];政法论坛;2004年04期
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