With the opening and reform deepens, of our country's economic and social life has undergone earth-shaking changes, especially into since 90s of the 20th century, motor vehicle increasingly into people's life domain, traffic accidents has risen sharply, traffic accidents crime subject also more and more widely. Since current criminal law on the subject of traffice offences without making a clear rules, so this criminal theory have different views on advertisements. Accordingly, this paper subject constitutive elements of a thorough analysis and research, proposed own view, hope can help the issues of understanding, and research.
This paper is divided into five parts:
The first chapter our traffice offences subject legislation evolution and characteristics. In this part, the author mainly to the traffice offences subject legislation evolution and characteristics, connotation and scope are also described.
The second chapter FeiJiDong driving personnel's subjectivity qualifications. Based on the case to judicial practice, the article points out the criminal law theory about such personnel subject qualification problems debate is mainly aimed at the following three: a wrong motor vehicle driving personnel engaged in transportation whether belongs to "the tool's personnel"; Two are motor vehicle could endanger public security; Three is whether accord with the principle of legality, and to adapt to these three points, points out that FeiJiDong foia hit-and-run driving personnel in accordance with the illegal behavior well-deserved constitutive elements to be convicted and punished.
The third chapter pedestrians and motorists subject qualification. The subject qualification for pedestrians, with an example, the paper suggests that the traffice offences natural cannot exclude pedestrians become traffice offences of subjectivity qualifications. The problem for motorists subject qualification, the author thinks that if motorists implementation was badly affected transportation activities, motorists constitute traffice offences. And the practice of constitutive elements of a crime riders become the subject of several circumstances are summarized.
The fourth chapter unit subject qualification. Despite the current regulations in our criminal law, under the traffice offences unit is not main body, but in practice, the author thinks that, in a hit-and-run behavior, is entirely possible to implement, and by unit of unit crime traffice offences has certain rationality for analysis, that unit can constitute traffice offences conclusion.
Chapter 5 instigate traffic plunges accomplice question crumbled. In this part, the author first established for common criminal negligence can debate is discussed and analysis, and then points out the hit-and-run in the common crime of criminal negligence, finally on how to resolve the theory and practice of this contradiction, the author thinks that must be set up traffic escapes sin.
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With the opening and reform deepens, of our country's economic and social life has undergone earth-shaking changes, especially into since 90s of the 20th century, motor vehicle increasingly into people's life domain, traffic accidents has risen sharply, traffic accidents crime subject also more and more widely. Since current criminal law on the subject of traffice offences without making a clear rules, so this criminal theory have different views on advertisements. Accordingly, this paper subject constitutive elements of a thorough analysis and research, proposed own view, hope can help the issues of understanding, and research.
This paper is divided into five parts:
The first chapter our traffice offences subject legislation evolution and characteristics. In this part, the author mainly to the traffice offences subject legislation ?
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初中生活是一杯名茶,越品越香
初中生活是一朵鲜花,越看越美
初中生活是一束阳光,越沐越温暖
回忆起第二的感动。初二的我在忙碌快乐中度过,初三的我,在紧张的学习生活中度过,这三年来我学会了许多,学会了坚强,学会了拼搏,我会带着初中生活的这段美好回忆走向高中的大门,通向未来的方向!