"Interpretation on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases"
Article 9: "If an employee causes injury to another person while engaging in employment activities, the employer shall be liable for compensation: If an employee causes injury intentionally or through gross negligence, the employer shall be jointly and severally liable for compensation and may seek compensation from the employee. Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents"
(Adopted at the 1136th meeting of the Judicial Committee of the Supreme People's Court on November 10, 2000, Fa Shi [2000] No. 33
In order to punish the criminal acts of traffic accident criminals in accordance with the law, in accordance with the relevant provisions of the criminal law, the "Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents" is hereby announced as follows:
Article 1 If a person engaged in transportation or non-transportation personnel violates transportation management regulations and causes a major traffic accident, and if the responsibility for the accident is determined and a crime is constituted, he shall be convicted and punished in accordance with the provisions of Article 133 of the Criminal Law.
Article 2 Anyone who causes a traffic accident under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(1) Causes the death of one person or serious injury to three or more people, and is responsible for all or most of the accident. Responsible;
(2) If it causes the death of three or more people, it shall bear equal responsibility for the accident;
(4) Bearing all or the main responsibility for the accident in a traffic accident;
(5) Bearing all or the main responsibility for the accident in a traffic accident;
(6) Bearing all or the main responsibility for the accident in a traffic accident;
(7) Bearing all or the main responsibility for the accident in a traffic accident;
(8) Bearing full or major responsibility for the accident and being unable to compensate more than 300,000 yuan.
Whoever is responsible for the accident causing serious injuries to one or more people. Those who are mainly responsible for the crime of traffic accident and have any of the following circumstances shall be convicted and punished for the crime of traffic accident:
(1) Driving a motor vehicle after drinking or taking drugs;
(2) Failure to drive Qualified to drive a motor vehicle;
(3) Knowingly driving a motor vehicle with incomplete safety devices or failing safety parts; and driving a motor vehicle knowingly that it is Driving a motor vehicle without a license plate or a scrapped motor vehicle;
(5) Driving with a serious overload;
(6) Fleeing the scene of an accident in order to avoid legal prosecution.
Article 3 "Traffic hit-and-run" refers to one of the circumstances in which the perpetrator falls under the provisions of paragraph 1 of Article 2 and items (1) to (5) of paragraph 2 of this Interpretation. Escape in order to avoid legal prosecution after a transportation accident
Article 4 Traffic accidents that fall under any of the following circumstances are "other particularly serious circumstances" and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years:< /p>
(1) If two or more people die or if five or more people are seriously injured, they bear all or major responsibility for the accident;
(2) If six or more people die, they bear equal responsibility for the accident;
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(2) Death of six or more people (3) Causing direct losses to public property or other people's property, bearing all or major responsibility for the accident, and being unable to compensate for an amount exceeding 600,000 yuan.
Article 5 "Escape resulting in death" refers to the situation where the perpetrator escapes to avoid legal investigation after a traffic accident, resulting in the death of the victim due to lack of rescue.
After a traffic accident, if the person in charge of the unit, the owner of the motor vehicle, the contractor or the passenger instructs the hit-and-run person to escape, causing the victim to die because he cannot get help, he shall be charged with the crime of traffic accident*** *.
Article 6 After a traffic accident, in order to evade legal investigation, the perpetrator takes the victim away from the scene of the accident and then hides or abandons it, causing the victim to die or be severely disabled due to lack of rescue, he shall be punished according to Article 1 of the Criminal Law. According to the provisions of Article 232 and Paragraph 2 of Article 234, the person shall be convicted and punished for the crime of intentional homicide or intentional injury.
Article 7 If the unit manager, motor vehicle owner or motor vehicle contractor instigates or forces others to drive in violation of regulations, causing a major traffic accident, and falls under any of the circumstances specified in Article 2 of this Interpretation, he shall be punished as a traffic offender. Convicted and punished for causing an accident.
Article 8 If a major traffic accident occurs within the scope of public traffic management, it shall be handled in accordance with Article 133 of the Criminal Law and the relevant provisions of this interpretation.
If, outside the scope of public transportation management, driving a motor vehicle or using other means of transportation causes casualties or causes heavy losses to public transportation or other people's property, which constitutes a crime, he shall be punished in accordance with the regulations. Articles 134, 135, and 233 of the Criminal Law provide for conviction and punishment.
Article 9 The higher people's courts of provinces, autonomous regions, and municipalities directly under the Central Government may, based on local actual conditions, determine the implementation of this interpretation within the range of 300,000 yuan to 600,000 yuan, or 600,000 yuan to 1 million yuan. The starting amount standard of Item (3) of Paragraph 1 of Article 2 and Paragraph 3 of Article 4 shall be reported to the Supreme People's Court for record.