Even if the other party is not making a fake car accident, you can still solve the problem under the mediation of the public security organs.
Pour. See downstairs answerer: Candy Court's answer, really want to throw him two slaps, do not know the law do not talk nonsense! How do people traffic offense?！！！！！
What do you know about jurisprudence! In order to educate you, I will post my study of criminal law sub-rule traffic offense for you to see, next time before you talk nonsense, learn a little jurisprudence 。。。。。!!!!
The crime of traffic accident
I. Concept
The crime of traffic accident (Article 133 of the Penal Code), refers to the violation of traffic management regulations, and thus a major accident, resulting in serious injuries, deaths, or so that the public and private property suffered major losses.
Second, the composition of the crime
(a) the object elements of the crime of the object, is the safety of transportation. Transportation, refers to a certain means of transportation and transportation equipment linked to the railroads, highways, water and air traffic loss, this kind of transportation is characterized by the safety of life and property of the general public is closely linked to the accident, it will jeopardize the safety of the lives of an unspecified majority of people. Causes extensive damage to public and private property, so its behavior is essentially a crime against public **** security.
(2) the objective elements of the objective aspects of this crime is manifested in the transportation activities in violation of the transportation management regulations, and therefore a major accident, causing serious injury, death, or so that the public and private property suffered large losses of behavior. It can be seen, the objective aspect of the crime is composed of the following four mutually inseparable factors:
1, there must be a violation of transport management regulations in the transportation of traffic violations of transport management regulations, which is the cause of traffic accidents, but also to bear the legal basis for punishment. The so-called transportation laws and regulations, is to ensure the normal transportation and transportation safety rules and regulations, including water, sea, air, highway, railroad and other transportation systems, safety rules, regulations, as well as engaged in transportation work must comply with the discipline, system and so on. For example, the Urban Traffic Rules, the Motor Vehicle Management Measures, the Inland Waterway Collision Avoidance Rules, the Navigation Collision Avoidance Rules, the Ferry Code, and the Maritime Traffic Safety Law of the People's Republic of China. Violation of the above rules may result in major traffic accidents. In practice, the violation of transportation management rules and regulations is mainly manifested in the violation of labor discipline or operating procedures, dereliction of duty or AWOL, unauthorized command, unauthorized operation, or driving in violation of the rules and regulations. For example, highway violations: driving without a license, forced overtaking, speeding, driving under the influence of alcohol; shipping violations: ships forced across, not according to the rules and regulations of the avoidance of avoidance, speeding to grab the gear, in the impediment to the navigation of the place of the anchor or dock; aviation violations: violation of the air traffic management without authorization to take off, deviate from the flight path, without reason not to contact with the ground, and so on. The above violations of various forms of expression, can be summarized as two basic forms of action and inaction, regardless of which form, as long as the violation, have the conditions to constitute this crime.
2, must be a major accident, causing serious injury, death, or so that public and private property suffered serious loss of serious consequences. This is one of the necessary conditions to constitute the crime of traffic accident. Although the perpetrator violated the transportation management regulations, but did not cause the above legal serious consequences, does not constitute this crime.
3, serious consequences must be caused by the violation of the law, there is a causal relationship between the two. Although the perpetrator has violated the rules and regulations, resulting in serious consequences, and there is a prior and subsequent relationship in time, it does not constitute this crime.
4, violation of rules and regulations, resulting in serious injury, death, or so that public and private property suffered major losses, must occur from the originating station, terminal, airport ready to load people to the terminal station, terminal, airport passengers leave, the goods unloaded throughout the process of transportation activities. In terms of space, it must take place on railroads, highways, town roads, and airways; in terms of time, it must take place in the ongoing transportation activities. If it does not take place in the above space and time, but operates in factories, mines, forests, construction sites, business establishments, and compounds, or carries out other non-transportation activities, such as overhauling and washing vehicles, etc., it does not generally constitute this crime. The Procuratorate on March 23, 1992 "on the factory (mine) area motor vehicles caused casualties in the crime case how to qualify and deal with the problem of the approval of the issue", pointed out that: in the factory (mine) area motor vehicles during the operation of the casualty case, should be differentiated according to the different circumstances; in the scope of the public *** traffic management, due to violations of transportation regulations, major accidents, should be in accordance with the Criminal Law, Article 113 Provisions to be dealt with. Violation of production safety rules and regulations. The occurrence of major casualties, resulting in serious consequences, shall be dealt with in accordance with the provisions of Article 114 of the Criminal Law; outside the scope of the management of public **** transportation, shall be defined as the crime of major liability accidents. It can be seen that, for the determination of such cases, the key is to find out whether it occurs in the public **** traffic management of railroads and highways.
Using large, modern means of transportation to engage in transportation activities, violation of rules and regulations, resulting in serious injury, death, or so that the public and private property suffered major losses, should be defined as the crime of traffic accidents, which is uncontroversial. However, for the use of non-motorized vehicles, such as bicycles, tricycles, horse-drawn carriages, etc., to engage in transportation activities, violation of rules and regulations, causing serious injury or death, whether it constitutes a traffic crime, there are different views. The first opinion that: traffic crime belongs to jeopardize the public **** security of the crime, that is, can at the same time cause unspecified multiple casualties or extensive damage to public and private property, and driving a non-motorized vehicle engaged in transportation activities, violation of the law, generally can only be specific individual casualties or a limited number of property damage, does not have jeopardize the nature of the security of the public ****, and therefore should not be set traffic crime, should be determined according to the circumstances of the case. And should be based on the specific circumstances, to determine the nature of the crime, causing the death of others, the crime of causing death by negligence; causing serious injury, the crime of serious injury by negligence. The second opinion is that, although it generally can only cause specific individual casualties or limited damage, but can not be denied that it has the nature of endangering the public * * * safety, and many town traffic accidents are directly or indirectly related to non-motorized traffic violations. Therefore, the said person should be punished for the crime of traffic accident by violating the law. It would be unreasonable to penalize them for the crime of causing death because they hit and killed someone, and for the crime of causing serious injury by negligence because they hit and injured someone. At present, judicial practice, generally according to the second opinion of the conviction and sentence, that is, the crime of traffic accident.
(C) the main elements of the subject of this crime for the general subject. That is, all 16 years of age, with the capacity for criminal responsibility of the natural person can be constituted. The subject can not be understood as all the people working in the above transportation sector, and can not be understood to refer only to trains, cars, trams, ships, aircraft and other means of transportation driving personnel, but should be understood as all directly engaged in the transportation business and to ensure that the transportation of people and non-transportation personnel. Transportation personnel, specifically, including the following four kinds of personnel engaged in transportation, (1) the driving personnel of transportation tools, such as trains, automobiles, trams, drivers, etc.; (2) the manipulation of transportation equipment, such as wrenching, inspectors, crossing guards, etc.; (3) the direct leadership of transportation activities, commanders, such as the captain of the ship, the captain of the plane, the navigator, the dispatcher, etc.; (4) the safety of the transportation Management personnel, such as traffic supervisors, traffic police and so on. They bear the responsibility with the transportation has a direct relationship, once the correct performance of their duties, may cause major traffic accidents.
Non-transportation personnel violating rules and regulations, such as non-drivers driving against the rules, in the transportation of major accidents, resulting in serious consequences, also constitute the subject of this crime. The supreme people's court, the supreme people's procuratorate "on the handling of theft cases on the specific application of the law of a number of issues of the interpretation", "in stealing a car in the negligence of the death, injury to others, or crashed the vehicle, but also constitutes another crime, should be according to the crime of traffic accidents with the crime of other crimes and penalties," this explanation shows that the non-transportation personnel constitute the crime of traffic accident, and not by the crime of traffic accident. This explanation shows that the non-transportation personnel constitute the crime of traffic accident, and does not take the accident occurred in the process of transportation as an essential element.
(d) the subjective elements of the subjective aspects of this crime is negligence, including negligence and overconfidence. This kind of negligence refers to the perpetrator of their own violation of regulations may cause serious consequences in terms of mental attitude. Behavior in the violation of rules and regulations may be knowingly, such as driving under the influence of alcohol, forcible overtaking, speeding, etc., but on their own violation of the rules and regulations may occur major accidents, resulting in serious consequences, should be foreseen but due to negligence and carelessness, did not foresee, or have foreseen, but gullible to believe that it can be avoided, so as to cause the serious consequences.
Three, the determination
(a) the boundaries of the crime and non-crime of the key to find out whether the perpetrator has the subjective culpability, whether the implementation of the violation of traffic regulations, violation of traffic regulations and major traffic accidents and whether there is a causal relationship. If there is no violation of the law or although there is a violation of the law but there is no causal relationship, such as the accident is purely due to the victim does not comply with traffic rules, jaywalking caused by the pen, or by natural factors, such as landslides, cracks, storms, floods and so on, it should not be punished for this crime. Of course, the accident does not exclude that there may be a variety of reasons or other intervening factors, here should be more serious analysis of the causes and their involvement in the role of traffic accidents. Only to find out indeed with the perpetrator of the violation of the causal relationship, then may be punished for this crime, otherwise, should not be the crime and criminal responsibility. For example, the perpetrator of high-speed overtaking suddenly found a few dozen meters ahead of someone crossing the road, they hit the steering wheel to try to avoid pedestrians, but out of the speed of the car too fast, resulting in the car rushed into the sidewalk and will be crushed into serious injuries. At this point, pedestrians crossing the road as a factor of intervention is only the conditions of the case, the real cause of the accident is the violation of speeding, and therefore should be determined to have a causal relationship between the results of the behavior and can constitute this crime.
(2) the crime and the crime of negligent damage to transportation, the crime of negligent damage to traffic facilities boundaries of traffic accidents and the crime of negligent damage to transportation, the crime of negligent damage to traffic facilities, in the subjective aspect of the negligence; in the objective aspect, have caused serious injuries, death, or so that the public and private property suffered serious losses, endangering the safety of the public ****. However, they are crimes of a different nature and the boundaries between them should be strictly demarcated. The main difference between them is: (1) the subject of the former is mainly engaged in transportation personnel, although non-transportation personnel can also constitute the subject of the crime, but they must also be in the manipulation of transportation, transportation equipment, and transportation personnel are different, only they do not have the identity of transportation personnel; the latter subject for the general subject. (2) The former occurs in the course of transportation activities, and the serious consequences are caused by the violation of rules and regulations in the course of transportation activities; the latter occurs independently of transportation activities, and the serious consequences are caused by the perpetrator's sloppiness and carelessness, carelessness, and lack of care and prudence in daily production and life outside of transportation activities.
(3) the crime and the use of transportation intentional homicide, intentional injury to the boundaries of the two will appear to cause serious injury, death, but the traffic crime for the occurrence of serious injury, death of the results of the perpetrator for the occurrence of negligence; and the use of transportation intentional homicide or intentional injury, it is manifested for the intentional mental attitude, this is the key to distinguish between the two. This is the key to distinguish between the two.
(d) the crime and the dangerous method of endangering the public **** security crime of the boundaries of the two are endangering the public **** security of the crime, may occur to cause serious injury, death or make public and private property suffered serious loss of serious consequences, but there are obvious differences between the two: a subjective aspects of the different. Traffic crime in the subjective aspect of negligence; to drive a person's dangerous method of endangering public **** security crime in the subjective aspect of intent. Second, the objective aspect of the requirements are different. Traffic crime in the objective aspect of the requirements of the perpetrator of the violation of the law must cause the serious consequences of the law to constitute a crime.
(E) the boundaries of this crime and major flight accidents, railroad safety accidents traffic crime and major flight accidents, railroad safety accidents, the crime of the difference is that, one is to infringe on the focus of transportation safety is different. Traffic crime mainly violates the safety of highway and water transportation, major flight accident violates the safety of air transportation, railroad operation accident violates the safety of railroad transportation. Secondly, the objective aspects of the serious consequences of the content is slightly different. Third, the subject of the crime is different. The subject of the crime of traffic accident is a general subject, including transportation personnel and non-transportation personnel; major flight accidents can only be the subject of the crime of aviation personnel, including aircrew and ground personnel; the subject of the crime of railroad operational safety accidents must be the railroad workers.
Fourth, the punishment
Committing the crime of traffic accident, shall be sentenced to fixed-term imprisonment of less than three years or detention; transportation hit and run or other particularly bad circumstances, shall be sentenced to three years to less than seven years of imprisonment, escape caused death, shall be sentenced to more than seven years of imprisonment.
V. Laws and Judicial Interpretations
[Criminal Law Provisions]
Article 133 Violation of the regulations on the management of transportation, and thus major accidents, resulting in serious injuries, death, or causing major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years, or detention; hit-and-run traffic accidents, or other particularly bad circumstances, shall be sentenced to not less than three years and not more than seven years. Imprisonment; if a person dies as a result of escape, he shall be sentenced to more than seven years' imprisonment.
[Judicial interpretation]
Supreme People's Court "on the trial of criminal cases of traffic Zhaozhi specific application of the law on a number of issues of interpretation" (2000.11.15 law interpretation [2000] No. 33)
In order to punish the criminal activities of traffic Zhaozhi according to law, according to the criminal law, the trial of criminal cases of traffic Zhaozhi specific application of the law on a number of issues of interpretation are as follows.
Article 1: If a person engaged in transportation or a non-transportation person violates the regulations on the management of transportation and a major traffic accident occurs, and on the basis of clarifying the responsibility for the accident, if it constitutes a crime, he or she shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
Article 2 Traffic collision with one of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or detention:
(1) the death of one person or serious injury to more than three people, is responsible for the accident or the main responsibility;
(2) death of more than three people, is responsible for the accident of the same responsibility;
(3) causing direct damage to public **** property or other people's property, is responsible for the accident or the main responsibility;
(3) causing direct damage to public property or other people's property, is responsible for the accident or the main responsibility. Accident all or the main
principal responsibility, incapable of compensation amounting to more than three hundred thousand yuan.
Traffic collision causing serious injury to more than one person, is responsible for the whole or the main responsibility of the accident, and has one of the following circumstances, shall be convicted and punished as a traffic collision:
(1) Driving a motor vehicle after being drunk or taking drugs;
(2) Driving a motor vehicle without a qualification;
(3) Driving a motor vehicle which is known to be a motor vehicle with an incomplete safety device or a malfunctioning safety mechanism;
(4) Driving a motor vehicle which is known to be a motor vehicle with an inadequate safety device or a malfunctioning safety mechanism; and motor vehicle and driving;
(d) knowingly driving a motor vehicle without a license plate or has been scrapped;
(e) serious overloading of the driver;
(f) in order to avoid legal action to escape from the scene of the accident.
Article 3 "transportation hit-and-run" means that the perpetrator has one of the circumstances stipulated in the first paragraph of Article 2 of this Interpretation and the second paragraph (1) to (5), and flees in order to avoid legal prosecution after the occurrence of a
traffic accident.
Article 4 Traffic collision with one of the following circumstances, is "other particularly bad circumstances", shall be sentenced to imprisonment of not less than three years and not more than seven years:
(-) more than two deaths or more than five serious injuries, responsible for the accident in whole or in the main;
(2) more than six deaths, equally responsible for the accident;
(3) causing direct damage to public **** property or other people's property, responsible for the accident wholly or mainly, incapable of compensating the amount of six hundred thousand yuan or more.
Article 5 "death by flight", refers to the perpetrator of a traffic collision in order to avoid legal action and escape, resulting in the death of the victim due to lack of assistance. After the traffic collision, unit supervisors, motor vehicle owners, contractors or passengers instructed the hit-and-run, resulting in the death of the victim due to lack of assistance, to the crime of traffic accident **** offender.
Article 6 If the perpetrator, in order to evade legal prosecution after the traffic accident, hides or abandons the victim after taking him away from the scene of the accident, resulting in the victim's death or serious disability due to the inability to obtain assistance, he shall be convicted and punished for the crime of intentional homicide or intentional injury in accordance with the provisions of Article 232 and Paragraph 2 of Article 234 of the Criminal Law, respectively.
Article 7: If a competent person of a unit, a motor vehicle owner or a motor vehicle contractor instructs or forces another person to drive in violation of rules and regulations and cause a major traffic accident, and if one of the circumstances stipulated in Article 2 of this Interpretation is present, the person shall be convicted and punished for the crime of traffic accidents.
Article 8 If a major traffic accident occurs within the scope of the implementation of public **** traffic management, it shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this Interpretation.
Outside the scope of public **** traffic management, driving a motor vehicle or using other means of transportation causes death or injury to a person or causes public **** property or other people's property to suffer major losses, constituting a crime, shall be convicted and punished in accordance with the provisions of Articles 134, 135 and 233 of the Criminal Law, etc., respectively.
Article 9 The Higher People's Courts of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the local actual situation, determine the standard of the starting amount for the implementation of Article 2(1)(c) and Article 4(3) of this Interpretation in their respective regions in the ranges of 300,000 yuan to 600,000 yuan, and 600,000 yuan to 1,000,000 yuan and report them to the Supreme People's Court for the record.
Supreme People's Court "on the trial of theft cases on the specific application of the law if the issue of the Interpretation" (1998.3.10 law [1998] No. 4)
Article 12 of the trial of theft cases, should pay attention to the distinction between the crime of theft and the boundaries of other crimes:
(4) in the process of stealing motor vehicles in the course of the traffic accident constitutes a crime, and constitutes other crimes, should be based on the crime of traffic accident, should be based on the crime of traffic accident, and constitutes other crimes. The crime of traffic accident and other crimes shall be punished together.
Supreme People's Court, the Supreme People's Procuratorate "on the strict law on road traffic offenders notice" (1987.8.12 law (research) issued [1987] ZI No.
(c) one of the following circumstances, and meet the provisions of the above (a) or (b), in accordance with the provisions of the (a) or (b) of the heavier punishment:
1. Committing a traffic accident, fleeing from the crime, or intentionally destroying or falsifying the scene, destroying evidence, or concealing the truth of the accident and framing others for the crime;
2. Drinking and driving;
3. Non-driver driving a motor vehicle;
4. Driving a vehicle without a license plate;
5. Driving a motor vehicle with knowledge of the failure of its key components;
6. With other particularly bad circumstances.