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Traffic hit and run, refers to the violation of road traffic management laws and regulations, the occurrence of major traffic accidents, resulting in serious injuries, deaths, or so that the public and private property suffered major losses, according to the law to be held criminally liable for criminal offenses. Traffic accident crime is a kind of negligence endangering public **** safety crime, according to China's criminal law theory, the establishment of any kind of crime must have four aspects of the constitutive elements, namely, the object of the crime, the objective aspects of the crime, the subject of the crime and the subjective aspects of the crime, so we still use the four elements of the criminal constitution said to expound on the characteristics of the traffic accident crime. Table of Contents Constituent elements (b) objective elements of the crime objective aspects of the performance
(c) subject elements of the crime of the subject is a general subject.
(D) the subjective aspect of this crime is negligence
Determination of the boundaries between this crime and non-crime
Boundaries with other crimes
Confirmation of hit-and-run
Criminal responsibility for the crime of hit-and-run traffic accident occurs in the form of a major accident
Other particularly egregious circumstances
Distinction
With the crime of intentional homicide Difference
Difference with the crime of endangering the safety of public **** by dangerous methods
Difference with other negligence crimes
Note:
Books. Traffic Crimes Book Information
About
Author's Introduction
Editor's Recommendation
Table of Contents
Application of Law
Judicial Interpretation
Preface
Digest
Constituent Elements (2) Objective ElementsThe objective aspect of this crime is manifested
(3) Subjects Elements The subject of this offense is a general subject.
(D) the subjective aspect of this crime is negligence
Determination of the boundaries between this crime and misdemeanor
Boundaries with other crimes
Confirmation of hit-and-run
Criminal responsibility for the crime of hit-and-run Traffic accident occurs in the form of a major accident
Other particularly egregious circumstances
Distinction
With the crime of intentional homicide Difference
Difference with the crime of endangering the safety of public **** by dangerous methods
Difference with other negligence crimes
Note:
Books. Traffic Crimes Book Information
Contents
Author's Introduction
Editor's Recommendation
Table of Contents
Application of Law
Judicial Interpretation
Preface
Digest
ExpandedEditorial Section Constituent Elements
(1) Objective ElementsThe object that this crime infringes upon. is the safety of transportation. Traffic collision
Transportation, refers to the railroad, highway, water and air transportation linked with certain means of transportation and transportation equipment, this kind of transportation is characterized by the safety of the lives and property of the general public is closely linked to the accident, once the accident occurs, it will jeopardize the lives of an unspecified majority of the people's safety. Resulting in widespread destruction of 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 performance
in transportation activities in violation of transport management regulations, and therefore a major accident, causing serious injury, death or so that the public and private property suffered major losses. 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 transport violations of transport management regulations, 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 regulations, including water, sea, air, highway, railroad and other various 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 violation of all forms of behavior, 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 public and private property suffered serious loss of serious consequences. This is one of the necessary conditions to constitute a traffic accident traffic accident
crime. Although the perpetrator violated the transportation management regulations, but did not cause the above legal serious consequences, does not constitute this crime. 3, the serious consequences must be caused by the violation, there is a causal relationship between the two. Although the perpetrator has violated the rules and regulations, causing serious consequences, and there is a prior and subsequent relationship in time, it does not constitute this crime. 4, violation of rules and regulations, causing serious injury, death or public or private property suffered major losses, must occur from the originating station, dock, airport ready to carry people loading cargo to the end of the station, dock, 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 public **** traffic management, shall be determined as the crime of major liability accidents. It can be seen that the key to the determination of this type of case is to find out whether it occurs on railroads and highways belonging to the management of public **** transportation. The use of large, modern means of transportation to engage in transportation activities, violation of rules and regulations, resulting in serious injury or death or causing major damage to public or private property, should be defined as a 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 moreover, many urban 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, the judicial practice, generally according to the second opinion of the conviction and sentence, that is, the traffic accident crime. Supplementary: after the introduction of the eighth amendment, the traffic accident crime and derived from the crime of dangerous driving, the crime does not occur as a prerequisite for serious harmful consequences, as long as there is an objective risk of causing harm to public **** safety can constitute the crime of dangerous driving.
(C) the main elements of the subject of this crime for the general subject.
That is, where the age of 16 years old, with the capacity for criminal responsibility of the natural person can be constituted. The subject can not be understood as working in the transportation sector in the above traffic crime
all personnel, and can not be understood as only refers 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 the personnel as well as non-transportation personnel. Transportation personnel, specifically, including the following four kinds of personnel engaged in transportation: (1) the driving staff of transportation tools, such as trains, cars, trams, drivers, etc.; (2) the manipulation of transportation equipment, such as wrenching, inspectors, crossing guards, etc.; (3) direct leadership of transportation activities, commanders, such as captains, captains, navigators, dispatchers, etc.; (4) the transportation safety management personnel, such as traffic supervisors, traffic supervisors, etc.; (5) the transportation safety management personnel, such as the traffic supervisors. Management personnel, such as traffic supervisors, traffic police and so on. Their responsibilities are directly related to transportation and may cause major traffic accidents if they do not perform their duties correctly. Non-transportation personnel who violate rules and regulations, such as non-drivers who drive in violation of the rules and regulations, and who cause major accidents in transportation, 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 of specific application of the law on 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, [1] with other crimes and penalties," this explanation shows that the non-transportation Personnel constitute a traffic accident, and does not occur in the process of transportation for the elements. (D) the subjective elements of the subjective aspects of the crime is manifested in negligence, including negligence of carelessness and overconfidence. This kind of negligence refers to the perpetrator of their own violation of regulations may cause serious consequences of the mental attitude. Behavior in 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 gullibly believe that it can be avoided, so as to cause the serious consequences. Supplementary - The scope of the determination must be within the scope of public **** traffic management. If in the school . Community . And other places that do not belong to the traffic department management of the accident injury caused death is negligent injury negligence caused death out of intent is intentional injury or homicide
(d) the subjective aspect of this crime is negligence edit this paragraph to determine
The boundaries between this crime and misdemeanor
The key to find out whether the perpetrator of the subjective culpability, whether or not to implement the violation of transportation management regulations. Whether the violation of transportation management regulations and major traffic accidents have a causal relationship. If there is no violation of the law or there is a violation of the law but there is no causal relationship, such as the accident is purely due to the victim did not comply with traffic rules, jaywalking, or caused by natural factors, such as landslides, cracks, storms, floods and so on, 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 dealt with 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 in the intervention is only the conditions of the case, the real cause of the accident is a violation of speeding, and therefore should be determined to have a causal relationship between the results of the behavior and can constitute this crime.
Boundary with other crimes
This crime and major flight accidents, railroad safety accidents, the boundaries of this crime and major flight accidents, railroad safety accidents, the same as the major traffic crimes. The object is the safety of transportation, the main traffic accident
Objective view is also out of negligence, the objective is also a violation of the rules and regulations to ensure the management of transportation safety and cause serious consequences for the elements. The difference is: (1) the subject is different. The subject of this crime for the general subject; and the latter two crimes, the subject for the special subject, that is, respectively, for aviation personnel and railroad employees, other natural persons can not constitute the general subject of these two crimes. (2) the occurrence of different occasions. This crime mainly occurs in the process of highway and waterway transportation (does not exclude the general subject in the field of transportation outside the traffic accident can constitute a crime); and the latter two crimes, respectively, occurred in air transport and railroad transportation activities. (3) violation of the specific duty of care is different. Depending on the field of transportation (highway, water), the perpetrator of this crime can be a violation of the specific duty of care, can also make the general duty of care; while the latter two crimes in violation of the specific duty of care is limited to the duty of care.
The determination of hit-and-run
"The Supreme People's Court on the trial of criminal cases of traffic hit-and-run specific application of the law on a number of issues of the Interpretation" [1] Article 3 "transport hit-and-run", refers to the perpetrator has the provisions of Article 2, paragraph 1 of the Interpretation and the second paragraph (a) to (e) Provisions of one of the circumstances, after the occurrence of traffic accidents, in order to avoid legal action and escape behavior. That is, the so-called hit-and-run is the behavior of the perpetrator in the transportation accident with the following circumstances and escape to avoid legal action: (1) the death of a person or serious injury to more than three people, responsible for the accident or the main responsibility; (2) the death of more than three people, responsible for the accident of the same responsibility; (3) causing direct damage to the public **** property or the property of others, is responsible for the accident or the main responsibility, inability to compensate for the amount of more than 300,000 yuan. compensation amounting to three hundred thousand dollars or more. (4) Driving a motor vehicle under the influence of alcohol or drugs and causing serious injury to one person or more, and taking full or major responsibility for the accident; (5) Driving a motor vehicle without driving qualifications and causing serious injury to one person or more, and taking full or major responsibility for the accident; (6) Driving a motor vehicle with incomplete safety devices or malfunctioning safety devices and causing serious injury to one person or more, and taking full or major responsibility for the accident; (7) Driving a motor vehicle without a license plate or an obsolete motor vehicle, and taking full or major responsibility for the accident; (8) Driving a motor vehicle without a license plate or obsolete motor vehicle, and taking full or major responsibility for the accident. (7) knowingly driving a motor vehicle without a license or a motor vehicle that has been scrapped and causing serious injury to one person or more, and is fully or mainly responsible for the accident; (8) driving a motor vehicle that is grossly overloaded and causing serious injury to one person or more, and is fully or mainly responsible for the accident.
Edit Criminal Liability for Traffic Crash
According to Article 133 of the Penal Code, three different penalty levels (sentencing grades) are stipulated for the crime of traffic crash: Whoever commits the crime of traffic crash shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. If a person commits a traffic hit-and-run or has other particularly egregious circumstances, he or she shall be sentenced to fixed-term imprisonment of not less than 3 years and not more than 7 years. If a person dies as a result of fleeing, he or she shall be sentenced to fixed-term imprisonment of not less than seven years.
Major Accident
1. Anyone who violates the regulations on transportation management and causes a major accident that results in serious injury or death, or causes major damage to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. The so-called "major accidents", according to the "Interpretation" Article 2, paragraph 1, refers to one of the following circumstances: (1) death or serious injury to more than three people, responsible for the accident or the main responsibility; (2) death of more than three people, equally responsible for the accident; (3) cause public **** property or other property (3) causing direct loss of public **** property or property of others, is fully or mainly responsible for the accident, unable to compensate for the amount of three hundred thousand yuan in the traffic crime
. Interpretation of Article 2, paragraph 2: traffic accidents causing serious injury to more than one person, is responsible for the accident or the main responsibility, and has one of the following circumstances, to the traffic accident conviction and punishment: (1) alcohol, drug use after driving a motor vehicle; (2) no qualifications to drive a motor vehicle; (3) know that the safety device is incomplete or the safety of the motor vehicle and driving; (4) know that it is (4) knowingly driving without a license plate or motor vehicle has been scrapped; (5) serious overloading of the driver; (6) to escape from the scene of the accident to avoid legal action.
Other particularly egregious circumstances
Other particularly egregious circumstances, is defined as one of the following: (1) more than two deaths or serious injuries to more than five people, negative all or main responsibility for the accident; (2) more than six deaths, the same responsibility for the accident; (3) cause direct damage to public **** property or property of other people, the accident is wholly or mainly responsible for the inability to compensate for the amount of 600,000 yuan or more. of 600,000 yuan or more. According to article 133 of the criminal law, the crime of traffic accident, shall be sentenced to less than 3 years of fixed-term imprisonment or detention; transportation hit and run or other particularly bad circumstances, shall be sentenced to more than 3 years to less than 7 years of fixed-term imprisonment; escape caused death, shall be sentenced to more than 7 years of fixed-term imprisonment or life imprisonment. Article 6 the perpetrator of a traffic collision in order to avoid legal prosecution, the victim will be taken away from the scene of the accident after hiding or abandonment, resulting in the victim can not be rescued and death or serious disability, shall be in accordance with the Criminal Law Article 232, Article 234, paragraph 2 of the provisions of the Criminal Law, respectively, to intentional homicide or intentional injury crime conviction and punishment.
Difference
Difference with intentional homicide
(1), traffic accident (escape causing death) and intentional homicide The perpetrator of the traffic accident in order to avoid legal prosecution, the victim will be taken away from the scene of the accident, hidden or abandoned, so that the victim can not be rescued and death or serious disability, shall be convicted and punished in accordance with Article 232 of the Criminal Law, Article 234, paragraph 2, respectively, intentional homicide or intentional injury. intentional homicide or intentional injury shall be convicted and punished. Points of difference: traffic accident (escape causing death) only negative non-rescue behavior; and intentional homicide or injury behavior. (1) positive behavior, the victim "away from" the scene of the accident after ① hiding or ② abandonment; (2) so that the victim can not be rescued, because of abandonment, hiding, so that the victim is in an isolated and helpless situation. Note that in this case, if direct intent cannot be proved, and if in fact the result of "death or disability" does not occur, it should not be punished according to the crime of intentional homicide, intentional injury attempt.
Difference between the crime of endangering public safety by dangerous methods
(2), the difference between the crime of traffic accident and the crime of endangering public safety by dangerous methods The main point is that, if you intentionally use the method of hitting a person by car and intentionally kill or injure many people in the place of the public ****, it should be determined that the crime of endangering public **** safety by dangerous methods. In addition, if a person intentionally uses a drive-by method to kill or injure a specific person, he or she shall be convicted and punished for the crimes of intentional homicide and intentional injury.
Difference with other crimes of negligence
(C), the difference between traffic accidents and other crimes of negligence, the main point is to determine the responsibility of the basis of whether the "traffic management regulations". Specialized motor vehicles of factories and mining enterprises, construction vehicles, as well as military vehicles in the "implementation of the scope of the public **** traffic management" because of violation of traffic rules in major traffic accidents, to the crime of traffic accidents. If the accident occurs outside the scope of public traffic management and causes injury or death to a person or damage to property other than by violating traffic regulations, the person will be convicted and punished in accordance with the provisions of Article 134 (Accidents of Major Liability), Article 135 (Major Safety Accidents in Construction), Article 233 (Negligent Causing of Death), and Article 436 (Weapons and Equipment Accidents) of the Criminal Law, etc., respectively.
Note:
Article 77 of the new "Road Traffic Management Law" stipulates: "Accidents occurring when the vehicle passes outside the road, the public security organs of the traffic management department receives a report of the case, with reference to the relevant provisions of this law for handling", this provision expands the scope of the application of traffic rules to determine the responsibility for the accident is also the corresponding Expanded the scope of the crime of traffic accidents. Therefore, regardless of the vehicle accident occurred in what kind of place, as long as the traffic management department to apply the traffic safety law to determine the responsibility for the accident, that constitute a crime, all in accordance with the crime of traffic accidents to determine the punishment. If it is not or cannot apply the traffic safety law to determine the responsibility of the accident vehicle, it can be punished by other crimes. In general, the application of the relevant production safety regulations to determine responsibility, to the crime of major accidents; the application of common sense of life to determine responsibility, can only be convicted and punished for the crime of causing death by negligence, negligence and serious injury.
Edited Books. Traffic Crimes
Book Information
Editor:Zhu Mingshan Traffic Crimes
Market Price:13.00 Publisher:China Legal Publishing House Pages:184 Publication Date:2004 ISBN:7801823362 Barcode:97801823366 Edition:1 Edition Binding:Paperback Opening:Large 32
Contents
The Crime of Traffic Accident is divided into 2 parts. The first part is based on cases, such as Shao Qinzhi's traffic accident case, Lin Xuebo's hit-and-run and instructing Chen Xinggang to take the blame. The second part is based on regulations, such as the Chinese People's Republic of China's Criminal Law. Traffic Crimes is suitable for law-related workers.
Author's Introduction
Zhu Mingshan, former Vice President of the Supreme People's Court, a first-class judge, is currently a member of the Standing Committee of the National People's Congress and Deputy Director of the Internal Justice Committee.
Editor's Recommendation
Typical cases, authoritative commentary, and comprehensive law.
Table of Contents
1. The Case of Shao Qinzhi's Traffic Accident Question prompts: What is the basis for the perpetrator's assumption of full responsibility for the traffic accident? How to determine whether the behavior of the perpetrator is a hit-and-run? 2. Lin Xuebo traffic hit and run and instructed Chen Xing rod top crime Question prompt: traffic hit and run immediately after leaving the scene but to avoid responsibility, whether it constitutes a traffic hit and run behavior? 3. Li Dongxuan traffic accident Question prompt: how to determine the "hit and run"? How to determine whether "with particularly bad circumstances"? 4. Wu Shulin hit-and-run case - Question prompt: How to determine the "hit-and-run" in order to avoid legal prosecution of the subjective purpose of the "escape caused death" situation? 5. Shao Honghai traffic accident Question: driving a motor vehicle does not maintain the necessary safety distance from the vehicle in front of the occurrence of large traffic accidents, how should be characterized? 6. Xu Jun for rescue patients traffic accidents against the rules Question prompt: to rescue patients, traffic accidents caused by violation of the rules, how should be convicted? 7. Chen Qi Zhen and others with homemade railroad car on the railroad to transport stone traffic accident Question prompt: the perpetrator of homemade railroad car on the railroad to transport stone hit people to death, should be recognized as the crime of manslaughter or traffic accidents? 8 Zhang You drive through the water bridge caused by traffic accidents Question prompt: the perpetrator drive through the water bridge caused by accidents, how should be convicted? 9 Ni Qingguo traffic accidents Question: How to distinguish between hit-and-run traffic accidents and traffic accidents into intentional homicide? 10 Liang Ying Jin, Zhou Shou Jin and other traffic accidents Question: Can the supervisors of the transportation unit constitute traffic accidents? 11. Lu Moumou, Zhang Moumou dangerous methods of endangering the safety of public ****, traffic accidents Question prompt: bus driver left the driving position with passengers fighting traffic accidents caused by the situation how to deal with? 12. Zhu Xiaozhi traffic accident Question prompt: traffic accident cases, more than the 1979 criminal law statute of limitations, but according to the new criminal law and should be prosecuted should be dealt with? 13 Zhou Lijie traffic accident Question prompt: the perpetrator left the scene of the traffic accident and do not know that it has hit and run, can be recognized as a hit-and-run? 14 Liu Hai traffic accident Question: the employer shall be jointly and severally liable for the results of the damage caused by the traffic accident caused by the employee's non-functional behavior? 15 Chen Sun Ming traffic collision protest case Question prompt: the actor garden to avoid checking the motorcycle at high speed and hit the death of armed police officers, is the crime of intentional homicide, or traffic accidents? 16 Wang Yan Ming traffic accident Question prompt: hit and run, resulting in the victim was hit by another vehicle, how to convict? 17. Ren Jun traffic accident Question prompt: hit-and-run, resulting in serious injuries and death, constitutes the crime of intentional homicide? 18. Tao Weidong was charged with traffic collision acquittal Question prompt: the perpetrator has violated traffic regulations, but the cause of the traffic accident is not directly responsible for how to be convicted? 19. He Ruiming and other traffic collision, railroad operation safety accident case. - Question prompt: should be in a closed state of the crossing railings open without authorization, driving through the crossing of the behavior is a violation of traffic management regulations, whether it constitutes a traffic accident? 20. Wang Xianjun traffic accident case - Question prompt: after the accident, the vehicle slid away from the accident site, the defendant got out of the car to look at the scene, believing that no accident, and then drove away from the scene, should be regarded as a hit-and-run? 21. Shiyongxiang and other traffic accidents Question: What should be the conviction of the passenger who prompted the hit-and-run driver to escape and expand the harmful consequences of the accident? 22. The case of gold wave traffic accident Question: How to determine the illegal parking and escape? What is the effect of the review decision? 23 Zheng Donghong traffic accident Question prompt: the perpetrator of traffic accidents and economic losses caused by the crime, how to determine the scope of compensation and compensation standards for incidental civil litigation?
Application of law
Laws - rules and regulations Criminal Law of the People's Republic of China (excerpts) (December 28, 2002) Road Traffic Safety Law of the People's Republic of China (excerpts) (October 28, 2003) General Principles of the People's Republic of China (excerpts) (April 12, 1986) The Ministry of Public Security on the revision of the classification standards for road traffic accidents. Circular of the Ministry of Public Security on the Revision of the Classification Standards for Road Traffic Accidents (December 2, 1991)
Judicial Interpretations
Notice of the Supreme People's Court and the Ministry of Public Security on Relevant Issues Concerning the Handling of Cases of Road Traffic Accidents (December 1, 1992) Interpretation by the Supreme People's Court of Several Issues Concerning the Specific Application of Laws for the Trial of Criminal Traffic Offenses (January 1, 2000) Understanding and Application of the Interpretation of Several Issues Concerning the Specific Application of Law in Trial of Criminal Cases of Traffic Collision>/Sun Jungong of the Supreme People's Court The Reply of the Supreme People's Procuratorate on the Approval of How to Characterize and Deal with Criminal Cases of Motor Vehicles Causing Casualties and Injuries in Factories (Mines) (March 23, 1992) ......
Preface
"Example to supplement the law, not to break the law", the guiding significance and reference value of the cases to the trial work has always been emphasized by the courts at all levels in China. Each issue of the Bulletin of the Supreme People's Court contains cases approved by the Supreme People's Court or discussed and approved by the Trial Committee of the Supreme People's Court, which are required to be referred to by courts at all levels in their trial work; since 2000, the Supreme People's Court has been publicizing its judgments to the public; and the Chinese Institute of Applied Jurisprudence of the Supreme People's Court has been editing and publishing Selected Cases of the People's Courts since 1992. We have launched this series after nearly a year of hard work. In the process of editing, we tried to make the series have the following distinctive features: Cases are typical and true. Most of the selected cases belong to the Bulletin of the Supreme People's Court, and cases published by the Supreme People's Court and its operational divisions through other forms. Each case is as typical as possible. For ease of use, we have summarized the main points of each case and listed them before the cases as "question tips". The cases are kept authentic. In cases involving minors, personal privacy, etc., some of the real names have been omitted.
Digest
What is the basis for a person to be held fully responsible for a traffic accident? How to determine whether the behavior of the perpetrator is a hit-and-run? On July 6, 2001, Suiping County People's Procuratorate of Henan Province prosecuted Shao Qinzhi to Suiping County People's Court for committing the crime of traffic hit-and-run. In the course of the proceedings, the victim Zhang Guangzu's son Zhang Zhimin filed an incidental civil lawsuit with the court, requesting that the defendant Shao Qinzhi be ordered to compensate for his medical expenses, living expenses, nursing care, funeral expenses, death compensation, appraisal fees, blood transfusion fees, relatives' lost time, transportation costs, moral damages, etc., *** amounting to 98,456.85 yuan. Defendant Shao Qinzhi argued that his behavior is not hit and run. His defense argued that the cause of the accident is the collection of health fee vehicle driver violated the traffic management regulations crowded the defendant's vehicle, Shao Qinzhi's behavior is an emergency, should not bear the responsibility of the accident, his behavior does not constitute a traffic accident. In addition, Shao Qinzhi in the accident also did not abandon the car to escape does not belong to the hit-and-run