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1、1About traffic Comparative Perspective negligence crimeAbstract theoretically understanding of non-uniform punishing traffic negligence crime criminal law legislation, failed to provide sufficient guidance, and in turn will lead to imperfect criminal legislation can not play the role of vigilance an
2、d prevention to the growing number of traffic accidents crime article by Comparative Study on the outside of the relevant laws, from the theory of social risk, the risk of social theory and strict without vigorous criminal policy point of view, the analysis of the Negligent Dangerous feasibility of
3、the theory should be introduced that China should be based on the theory of Negligent Dangerous, Criminal Law General Provisions negligence crime Terms and sub traffic crime related provisions be amended accordingly, at the same time pointed out that should enrich the Potential Damage under the guid
4、ance of the theory of traffic negligence crime legislative level, to adapt to the increasingly complex reality need. 2Keywords harmful to society, risk society, transportation negligence, negligence, dangerous According to statistics, Chinas million vehicles mortality rate of 7.6, far higher than th
5、e level of Japan as well as developed countries in Europe and the United States 2-3, drunk driving is the primary reason to cause this strong contrast. At the end of 2009, car ownership in China accounted for about 3% of the world car ownership, but the number of traffic fatalities accounted for 16%
6、 of the world, the mortality rate ranks first in the world. course, we also note that, in recent years, along with a variety of special management activities generally carried out, traffic accidents total number of fatal accidents, injury number dropped significantly year after year. 2007 National R
7、oad Traffic Accidents 327,209 from, resulting in the death of 81,649 people, direct property loss of $ 12 million, 265,204 from the national road traffic accidents in 2008, 73,484 people were killed, direct property loss of 1.01 billion yuan; 2009 National Road Traffic 238,351 from the things accide
8、nt, causing 67,759 people were killed and 275,125 people were injured and direct property loss of 910 million yuan. 1 in 2010 from 3219,521 road traffic accidents, causing 65,225 people were killed and 254,075 people were injured, direct property loss of 9.3 billion. 2 the dramatic fall in the above
9、 figures, apparently recently begun to land transport focus on remediation high pressure situation, but experience tells us, often special rectification actions ended the related incidence rises. Currently, the criminal legal system in China 133 through traffic crime and dangerous driving against tr
10、affic offenses to be provided. provides that:” driving a motor vehicle on a road chase competing driving, vile, or drunken driving a motor vehicle on a road, fine of not more than, in addition to paying a fine. “Obviously, 133 results guilty legislative mode, the threshold that constitutes a crime,
11、the starting point is the danger of causing serious consequences .133 One the Potential Damage caused by the provisions of driving offenses compared to 133 has been progress, but because of the legislative model 133 This results guilty to making dangerous driving behavior outside traffic offenses st
12、ill could not be processed. Given this, whether from the legislative on a rainy day, alert and prevention of traffic 4accident crime occurred, became 刑法理论界 should be thinking about the problem. Stones from other hills may serve to polish jade, through a comparative approach, combined with their actu
13、al strive theory and practice through, when the moment efficient and effective manner. Overseas traffic accident related crime Legislative Situation Throughout the fault of the traffic outside crime legislation, style, the following ways: (I will drink and drunk driving behavior defined as criminal
14、316 of the German Penal Code set drink-driving offenses, and the constituent elements of the offense of drink driving, the penalty scale and negligence situation made the corresponding provisions requiring the establishment of the elements of the offense of drink driving as “drinking wine or other n
15、arcotic products, can not be safe driving transport (315 to 315 d, whose conduct fails to 315 a 315 c punishment, the free sentence or a fine of one. negligence committed this crime, and also in accordance with (1) punishment. 3 5156 drink driving without endangering the safety of railway, road, air
16、, sea and land transport, the perpetrator should bear criminal responsibility, 31 May .2005 Road Traffic Act, Korea against drink-driving related provisions amended April 1, .2009 Korea again related regulations were further modified to increase the two counts of drunken driving vehicles sin and refused alcohol detection sin British world on road traffic crime legislation, one of the most comprehensive national In 1988, Britain enacted , and was amended
