1. Under what circumstances will the crime of causing traffic accidents be punished?
(A) the object elements
The object of this crime is transportation safety. Transportation refers to railway, highway, waterway and air transportation linked with certain means of transportation and transportation equipment. This means of transportation is closely related to the safety of people's lives and property. Once an accident happens, it will endanger the safety of the unspecified majority. It has caused extensive damage to public and private property, and its behavior is essentially a crime of endangering public security.
(b) objective factors
The objective aspect of this crime is the act of violating traffic management laws and regulations in transportation activities, causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property. Therefore, the objective aspect of this crime consists of the following four inseparable factors:
1, there must be violations of traffic regulations. Violation of traffic regulations in traffic is the cause of traffic accidents and the legal basis for punishment. The so-called traffic regulations refer to the rules and regulations that guarantee the normal operation and safety of transportation, including the safety rules and regulations of various transportation systems such as water, sea, air, highway and railway, as well as the disciplines and systems that must be observed in transportation work. Such as Urban Traffic Rules, Motor Vehicle Management Measures, Inland River Collision Avoidance Rules, Navigation Collision Avoidance Rules, Ferry Code, People's Republic of China (PRC) Maritime Traffic Safety Law, etc. Violation of the above rules may lead to major traffic accidents. In practice, violations of traffic regulations are mainly manifested as violations of labor discipline or operating rules, dereliction of duty or absent without leave, illegal command, illegal operation and illegal driving. For example, highway violations include: driving without a license, forced overtaking, speeding, drunk driving; Shipping violations include: ships crossing by force, not avoiding according to the rules of avoidance, speeding to grab files, anchoring or stopping at places that hinder navigation; Aviation violations include: taking off without authorization in violation of air traffic management, deviating from flight routes, not contacting the ground for no reason, and so on. The various manifestations of the above-mentioned infringement can be summarized into two basic forms: action and omission. No matter what form, as long as it is illegal, it has the conditions to constitute this crime.
2, a major accident must occur, causing serious injuries, deaths or serious losses of public and private property. This is one of the necessary conditions for the crime of causing traffic accidents. Although the perpetrator violated the traffic regulations, but did not cause the above-mentioned serious legal consequences, it does not constitute this crime.
3. Serious consequences must be caused by illegal acts, and there is a causal relationship between them. Although the perpetrator has violated the rules and regulations, causing serious consequences, and there is a relationship between the first two in time, it does not constitute this crime.
4. Violation of rules and regulations, resulting in serious injury, death or heavy loss of public and private property, must occur in the whole transportation process from the preparation of manned loading at the departure station, wharf and airport, to the departure of passengers at the destination station, wharf and airport, and to the unloading of goods. In space, it must happen in railways, highways, urban roads and air waterways; As far as time is concerned, it must happen in the ongoing transportation activities. If it does not happen in the above time and space, but works in factories, mines, forest farms, construction sites, enterprises and institutions, courtyards and other places, or carries out other non-transportation activities, such as maintenance and car washing, it generally does not constitute this crime. March 23, 2009 1992 "Reply of the Procuratorate on How to Deal with Criminal Cases of Motor Vehicles Causing Casualties in Factory (Mine) Area" pointed out that cases of motor vehicles causing casualties in Factory (Mine) Area should be treated differently according to different situations. Within the scope of public transport management, serious accidents due to violation of traffic regulations shall be dealt with in accordance with Article 1 13 of the Criminal Law. Violation of safety production rules and regulations. Causing heavy casualties and serious consequences, it shall be dealt with in accordance with Article 1 14 of the Criminal Law; If it happens outside the scope of public transportation management, it will be convicted of a major liability accident. Therefore, for the identification of such cases, the key is to find out whether it happened on the railway or highway belonging to public transportation management.
Anyone who uses large and modern means of transportation to engage in transportation activities and gives illegal orders, causing serious injuries, deaths or heavy losses to public or private property, shall be punished as a traffic accident crime, without objection. However, there are different views on whether to use non-motor vehicles, such as bicycles, tricycles and carriages. Those who engage in transportation activities in violation of regulations and cause accidents, causing serious injuries and deaths, constitute the crime of traffic accidents. The first opinion is that the crime of causing traffic accidents is a crime of endangering public safety, that is, it can cause unspecified casualties or extensive losses of public and private property at the same time, while driving a non-motor vehicle to engage in transportation activities and causing accidents in violation of regulations can generally only cause casualties or limited property losses to specific individuals, and does not have the nature of endangering public safety. Therefore, the crime of causing traffic accidents should not be identified, but its criminal nature should be identified according to the specific circumstances, causing others. Those who cause serious injuries shall be convicted of causing serious injuries through negligence. The second view is that although it can only cause specific casualties or limited losses, it cannot be denied that it is harmful to public safety. Many urban traffic accidents are directly or indirectly related to illegal driving of non-motor vehicles. Therefore, the above-mentioned illegal personnel should be punished according to the crime of causing traffic accidents. It is unreasonable to regard it as a crime of causing death because it kills a person and as a crime of causing serious injury through negligence because it hurts a person. At present, in judicial practice, conviction and sentencing are generally based on the second opinion, that is, the crime of causing traffic accidents is punished.
(3) Main elements
The subject of this crime is the general subject. That is, any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute it. The subject can not be understood as all personnel working in the above-mentioned transportation departments, nor can it be understood as only drivers of trains, cars, trams, ships, planes and other means of transportation, but should be understood as all personnel directly engaged in transportation business and ensuring transportation and non-transportation personnel. Specifically, transportation personnel include the following four types of personnel engaged in transportation, (1) drivers of vehicles such as trains, cars and trams; (2) Traffic equipment operators, such as switchmen, patrolmen and crossing guards; (3) Direct leaders and commanders of transportation activities, such as captains, drivers and dispatchers. ; (4) Traffic safety management personnel, such as traffic supervisors and traffic policemen. Their duties are directly related to transportation, and once they are not properly performed, they may cause major traffic accidents.
Non-transportation personnel who command in violation of regulations, such as non-drivers driving in violation of regulations, have a major accident in transportation and cause serious consequences, which also constitutes the subject of this crime. The Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Theft Cases pointed out that "driving a car, intentionally killing, injuring or damaging a vehicle, which constitutes other crimes, shall be punished according to the crime of causing traffic accidents". This explanation shows that non-transportation personnel constitute the crime of causing traffic accidents, and accidents do not necessarily occur during transportation.
(4) Subjective factors
The subjective aspect of this crime is negligence, including negligence and overconfidence. This kind of negligence refers to the actor's psychological attitude towards the serious consequences that may be caused by his illegal behavior. The perpetrator may intentionally violate the rules and regulations, such as drunk driving, forced overtaking, speeding, etc. However, he may have a major accident in violation of his own rules and regulations, causing serious consequences, which should have been foreseen, but he did not foresee it due to negligence, or although he had foreseen it, he could have avoided it, causing serious consequences.
Second, how to deal with minor traffic accidents?
Fast compensation
It is suitable for motor vehicles to take photos, keep evidence, leave the scene quickly and go to the quick compensation service center for handling.
Those who meet the treatment conditions can go to the quick compensation center for treatment: 1, traffic accidents that only cause property losses within the administrative area of Xi; 2. Traffic accidents between motor vehicles that do not involve personal injury; 3. Participate in compulsory third-party liability insurance for motor vehicles in the province; 4. The vehicle can start by itself.
The inapplicable scope needs to be handled by alarm (the first five cases below belong to the case of moving the site first, then giving an alarm, and the last three cases belong to the case of giving an alarm immediately at the site) 1, colliding with buildings, public facilities and other facilities; 2. The vehicle has not been inspected annually; 3. Uninsured compulsory motor vehicle insurance; 4. The vehicle is unlicensed; 5. Driving a vehicle without a driver's license; 6. Driving a vehicle after drinking alcohol; 7. One party escapes; 8. The cause of the accident is controversial.
(2) On-site demolition procedures:
1, stop immediately in case of accident; 2. Check the driver's license, driving license and insurance certificate; 3. Check the loss, and take photos to keep the certificate. Panoramic photos (two before and after), central photos (two on both sides of the car body) and detailed photos (two on the collision site); 4. Evacuate the scene, pull over, negotiate by yourself, leave each other's phone numbers, and go to the quick compensation center for processing.
(3) Procedures for going to the quick compensation center:
1. Help desk: Submit certificates (driver's license, driving license, insurance certificate); Check the documents; Copy certificate; Fill in the agreement. 2. Send a single order: print the agreement. 3. The insurance company evaluates the car damage and issues a loss list. 4. Police office: the agreement for car damage below 2000 yuan is confirmed; If the vehicle damage is more than 2,000 yuan, an accident certificate (summary procedure) shall be issued. 5, insurance claims, repair vehicles.
(4) WeChat processing
It is suitable for traffic accidents between motor vehicles. The parties take photos by themselves, and transmit evidence through the WeChat accident handling platform, so as to realize remote online acceptance, handling, responsibility identification and claim settlement with one button. Self-help, fast and efficient, the fastest speed away from the scene, the shortest time to deal with cases. Scope of acceptance: if the person is not injured, the car can move; Complete formalities and insurance; The reason for the formation is clear and indisputable. Processing advantages: there is no need for traffic police to be present, the operation is simple and easy, the data operation is efficient, and the claims can be settled quickly.
(5) Classified disposal
It is applicable to the handling of traffic accidents found by the police on duty in the grid when they receive an alarm or pass by. If it is a car accident with clear circumstances that needs to be handled on the spot, issue an accident confirmation (summary procedure); Controversial photos and certificates shall be submitted to the Rapid Processing Office of the Brigade for processing; In case of injury, perform on-site disposal duties, protect the scene, rescue the injured, find witnesses, divert traffic, and wait for the police to be present to assist in handling the accident. It can effectively ensure the rapid evacuation of the scene of the car damage accident and ensure the smooth road.
(6) rapid processing
The accident squadrons of each brigade and the duty squadrons of Expressway and Chang 'an Brigade set up quick handling offices, and the full-time police for accident handling accepted the traffic accidents of car damage handed over by the grid police, returned by the quick compensation center to the brigade, not verified, and handled by the parties themselves. Ensure that all kinds of car damage accidents are dealt with quickly.
According to the scale and its own conditions, the local quick compensation service centers not only handle traffic accident handling, legal aid, emergency rescue and other services, but also offer traffic management services, vehicle management services and other functions, which are more convenient and beneficial to the people.
Third, how to compensate for traffic accidents
After a traffic accident, compensation shall be made according to the following standards:
Criteria for determining disability compensation
Disability compensation is calculated for 20 years from the date of disability according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the appeal court is located. However, for those over 60 years old, the age will decrease by 1 year for each additional year; Over 75 years of age, calculated by 5 years.
(two) to determine the standard of living expenses for dependents.
The Interpretation of Personal Injury Compensation stipulates that, based on the per capita consumption expenditure of urban residents and the per capita annual living expenditure of rural residents, the calculation of the dependent being a minor is 18 years old, and for those over 60 years old, the age is reduced by 1 year old for each year of increase; Those over 75 years old are counted as 5 years. This is also different from the provisions of "minors are calculated at 16 years old, and each additional year under 50 years old is reduced by one year, and those over 50 years old are calculated at five years".
(3) Determine the standard of death compensation
Death compensation is calculated according to the standard of per capita disposable income of urban residents or per capita net income of rural residents in the last year where the court of appeal is located, and is calculated according to 20 years. However, for those over 60 years old, every increase in age 1 year decreases 1 year; Over 75 years of age, calculated by 5 years.
(four) the criteria for determining the cost of assistive devices for the disabled
The cost of assistive devices for the disabled is calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard. The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.
(5) Criteria for determining medical expenses
The medical expenses are determined according to the receipt documents such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence.
(six) the determination standard of lost time.
The lost time fee is determined according to the lost time fee and income of the victim. The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment.
(seven) the determination standard of nursing expenses.
The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period. If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level.
(8) determine the standard of transportation costs
The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment.
(nine) to determine the standard of hospitalization food subsidies.
In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs. The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.
(ten) the determination standard of nutrition fee.
Nutrition fee is determined according to the disability of the victim and the opinions of medical institutions.
(eleven) the criteria for determining the funeral expenses
Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.
When a traffic accident meets the constitutive requirements of the crime of traffic accident, it is possible to be sentenced, and after being sentenced, he will bear different criminal responsibilities according to his criminal circumstances. The above is the knowledge about when to punish traffic accidents. If you don't know anything, or have other questions, you can consult Zhaofa's lawyer.
Legal objectivity:
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents Article 2 A traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances: (1) One person is killed or more than three people are seriously injured, and he is fully or mainly responsible for the accident; (2) An accident in which three or more people died and were equally responsible; (3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan. If a traffic accident causes serious injuries to more than one person and bears all or major responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident: (1) driving a motor vehicle after drinking or taking drugs; (2) Driving a motor vehicle without driving qualification; (three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order; (4) Driving with knowledge of unlicensed or scrapped motor vehicles; (five) serious overload driving; (six) to escape from the scene of the accident in order to escape legal investigation.