Zhongyuan University of Technology Library

Go to school early in the morning, go to the dripping springs, open to a car full of teacher's school bus, we quickly out of the way. In a moment, give way, suddenly an idea flashed through my mind: if a school bus on campus, will constitute the crime of traffic accident? This also can be linked to other situations similar campus.

We first take a look at our current criminal law regulations of traffic accident crime,"Criminal law" article 133rdRegulation: "violation of the traffic regulations, so the occurrence of major accidents, causing serious injury, death or causes heavy losses to public or private property, is less than three years imprisonment or criminal detention; traffic accident or other special circumstances of the poor, more than three years to seven years in prison; escape causing death, more than seven years in prison." Interpretation of the Supreme People's court "about a number of issues of specific application of law in the trial of criminal cases of traffic accident"Article eighthRegulations.In the implementation of public traffic management in a major accident, in accordance with the relevant provisions of article 133rd of the criminal law and the interpretation of the.In the public traffic management, driving motor vehicles or to use other means of transport of casualties or heavy losses to public property or the property of others, which constitutes a crime, according to article 134th of the criminal law, article 135th, article 233rd, shall be convicted and punished."Stressed that the crime of causing traffic casualties occurred in"The scope of public traffic management",So the school bus on campus is in a "public traffic management" that would constitute the crime of traffic accident is the key.

I think, in the campus vehicles: "still belongs to the scope of the management of public transport," occurred in the campus traffic accidents may constitute the crime of traffic accident. The reasons are as follows:

First of all, the "public" is the antithesis of the private, is specific to a private or specific to a unit all the way.According to the"Road traffic safety law" 119th paragraph 1Regulations"Road", refers to the road, city road and although the unit jurisdiction but allow social vehicles, including squares, public parking lots and other places for public passing. That is to say, no matter the only road and national highway which belongs to the road, although under a management unit, but allow social vehicle the place can be regarded as "road". So, like school, park road is still belongs to this place"The scope of public traffic management".

Secondly, the traffic accident crime is the crime of endangering public safety, emphasize safety most people sin not specific to the life and property of the threat.The population density of the campus is great, People are hurrying to and fro. very common. Although in general college students living zone is prohibited motor vehicle to enter, but in non living region does not have this problem. But even the living area also is often a vehicle enter (our school is so), and this in fact of life at school is not specific to students, teachers and other staff's life safety threat. Fully in line with the characteristics of the crime of endangering national security.

Based on the above two points I think in the school vehicle includes a battery car, sightseeing car, vehicle motor tricycle, if the violation of traffic regulations, causing casualties will constitute the crime of traffic accident.

In the civil field, it is undoubtedly belongs to tort liability. "Road traffic safety law" article seventy-sixthThe second item of the first paragraph: "the provisions of motor vehicles and non motor vehicle drivers, traffic accidents between pedestrians, non motor vehicle drivers, pedestrians have no fault, the motor vehicle shall bear the responsibility for compensation; there is evidence of non motor vehicle drivers, pedestrians have fault, according to the compensation liability fault degree appropriate to reduce the motor vehicle party; the motor vehicle shall not at fault, shall bear the liability for compensation of not more than ten percent." It is said,Tort liability for motor vehicle and non motor vehicle, pedestrian traffic accidents, motor vehicle liability without fault.Even non motor vehicles and pedestrians have fault and no fault motor vehicle, does not absolve the responsibility of motor vehicles, and can only be appropriate to reduce the responsibility of motor vehicles and motor vehicle liability share of not less than fifty percent. This is conducive to the protection of weak party as pedestrians and non motor vehicle of interest.

The two hypothesis:

Its a,Our school No. three building opposite the construction site be in full swing, it is also often pull transport building materials of heavy trucks in and out. So if in the construction site accident, how to handle? I think that if things happen in the construction site internal constitutes a major security accident crime, if occurred in the construction site accidents school on the road, can be found to constitute the crime of traffic accident.

Our current"Criminal law"Article 134thRegulation: "factories, mines, forestry, construction enterprises or other enterprises, institutions and workers, management, because not to violate the rules, or compel workers illegal adventure homework, thus causing major casualties or other serious consequences, to three years in prison or detention; if the circumstances are especially serious, place more than three years to seven years in prison." This provision is a major liability accident most. In fact, an important distinction between the crime of causing traffic casualties and major accident is that traffic is the most can only occur in early"The scope of public traffic management ", and a major liability accident occurred in the most generalFactories, mines, forestry, construction enterprises, the construction site is a typical place. Here, if the accident happens in the vehicle, it should be identified as a major liability accident crime.

The second,Due to the site to build high-rise buildings, so the bracket pair is very high, of course now anti-counterfeiting measures is very good, generally not accident. But we assume that because safety protection measures for high bracket is not in conformity with the provisions, falling onto people, and how to deal with?

I think, this is consistent with the"Criminal law" the 135thA: "factories, mines, forestry, construction enterprises or other enterprises, institutions of labor safety facilities that do not meet the provisions of the state, the relevant departments or employees is proposed, the hidden dangers of accidents still fails to take measures, thus causing major casualties or other serious consequences, the directly responsible personnel, less than three years in prison or detention; if the circumstances are especially serious, department for more than three years to seven years in prison." This article is a major safety accident crime. If I mentioned above, it can be recognized directly responsible personnel constitute the major safety accident crime.

And this is consistent with a kind of special tort liability in civil law,"General principles of civil law" provisions of article 123rd:" A high-altitude, high pressure, flammable, explosive, toxic, radioactive, the high-speed transport on the environment is highly dangerous operation causes damage to others, shall bear civil liability; if they can prove that the damage was deliberately caused by the victim, he shall not bear civil liability." Tort liability is the highly dangerous work injury. Imputation principle is no fault liability, intentionally injures the person the only exemption is the victim.

Of course, the above said is the assumption, of course I hope never accident responsibility, all the staff to do their duty, to build a safe society.

Legal vision and perspective has become one of my habits of thinking, from which I feel very interesting and very happy, this is also conducive to my legal occupation road. Of course, there is a defect that may cause thinking occlusion, will only see a problem with the legal perspective. In fact, I should learn to look at problems from political, economic, historical, cultural point of view, it is more comprehensive. It needs further study and the accumulation of.