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What kind of crime does the traffic accident crime belong to

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What kind of crime does the traffic accident crime belong to


        

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  • 2024-06-28 00:01:41

    The crime of causing traffic accidents is a criminal offence.
    (1) Drivers of motor vehicles
    A motor vehicle refers to a wheeled vehicle that is driven or towed by a power unit and runs on the road for people or for transporting goods and carrying out special engineering operations. The driver of motor vehicles is the most common subject type of traffic accident crime, and is a typical representative of the subject of traffic accident crime. Driving only requires that the vehicle be under the actual control of the driver, regardless of whether the driver actually has the driving qualification or not, the activities of driving the vehicle are legitimate or illegal, as long as it violates the traffic regulations and causes serious accidents, it can constitute this crime.
    (2) Non motor vehicle driver
    Article 119 of the Road Traffic Safety Law, which came into force on May 1, 2004, stipulates that non motor vehicles refer to vehicles driven by human or animal power and running on the road, as well as disabled motorized wheelchairs, electric bicycles and other vehicles driven by power devices but with the highest design speed, empty vehicle mass and overall dimensions in line with relevant national standards. The driver of motor vehicles is the subject of the traffic accident crime of course. Whether the driver of non motor vehicles can become the subject of the traffic accident crime has always been controversial in the criminal law theoretical circle. Negationists believe that the traffic accident crime is a crime that endangers public security, while driving a non motor vehicle has a very limited degree of damage, which is not enough to endanger public security. If a non motor vehicle causes serious injury or death during driving, it can be punished as the crime of causing serious injury or death by negligence, not as the crime of causing traffic accidents. Affirmators believe that driving a non motor vehicle in case of a major accident may also endanger public security. Therefore, if the perpetrator drives a non motor vehicle in violation of traffic and transportation management regulations, resulting in legal consequences, he should be punished as a traffic accident crime.
    Pedestrians can become the subject of traffic accident crimes, which some people may find difficult to understand. However, in practice, pedestrian violations and accidents frequently occur within the scope of public transport management. The safety of traffic activities requires all parties involved in traffic activities to abide by traffic rules. If any party violates the rules, the whole traffic safety may be endangered. China's "Road Traffic Safety Law" and "Highway Traffic Management Measures" have special provisions on the traffic rules that pedestrians should abide by and the punishment of violations. Therefore, pedestrians who violate traffic and transportation management regulations and cause legal consequences should also be punished as traffic accident crimes.
    (4) Passengers
    Passengers, as the passengers of vehicles, generally will not have a bad impact on the vehicles, and will not become the subject of traffic accident crimes. However, if the behavior of the passengers has seriously affected the transportation activities, the passengers can become the subject of the traffic accident crime. However, when determining whether the passenger constitutes a traffic accident crime, we should pay special attention to whether the behavior of the perpetrator has the nature of endangering public security, because the traffic accident crime belongs to the crime of endangering public security. If the traffic accident behavior of the perpetrator is objectively impossible to cause significant losses to the lives, health or public and private property of unspecified majority of people, Should not be identified as traffic accident crime. Secondly, we should also investigate the causal relationship between violations and traffic accidents. If there is no causal relationship between the two, it cannot be identified as a traffic accident crime.
    (5) Person in charge of the unit, motor vehicle owner or motor vehicle contractor
    Article 7 of the Interpretation stipulates that the person in charge of the unit, the owner of motor vehicles or the contractor of motor vehicles who instigates or compels others to drive in violation of regulations and causes major traffic accidents shall also be punished as such crime. In real life, driven by economic interests, some units' executives, motor vehicle owners, and motor vehicle contractors use their right to dominate the means of transportation to threaten to withhold wages, and so on, to instruct their subordinate or employed drivers to drive in violation of regulations, such as overloading and speeding, resulting in major traffic accidents. Although they do not directly participate in transportation activities, It can still constitute a traffic accident crime. First of all, the supervisor of the unit, the owner of motor vehicles, and the contractor of motor vehicles know that violations may cause traffic accidents, but they believe they can avoid them. It is a fault of overconfidence to force their own staff or employed drivers to drive against the rules. Secondly, although the person in charge of the unit, the owner of the motor vehicle and the contractor of the motor vehicle did not actually drive the vehicle, their command and order acts together with the specific violations of the drivers, causing traffic accidents, they should jointly bear criminal responsibility for the consequences of the accident.

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