Report to Criminal Responsibility of Traffic Accident

• Main Authors: Po-yueh Yeh, 葉柏岳
• Other Authors: Dong-mau Lin
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/00651665724152894427

碩士 === 國立成功大學 === 法律學研究所 === 95 === Report to Criminal Responsibilty of Traffic Accident Abstract Traffic accidents always result in the serious damage to life or bodily Rechtsgut. In this article I will try to probe into every opinions of traffic negligent crime from judicial practical views and by the analytical comparison of every cases. Theoretically, the main points of how to inspect an unpremeditated criminal is causation and fault theory. Compared to the causation, the traditional 「Theorie der adaquater versachung 」faces up the quite big challenge while the objective incrimination theory points out the relative concrete standards. The traditional Theorie der adaquater versachung to the judgment of being fault focuses on the violation of duty of care while the objective incrimination theory does on the practical behaviors making dangers out of legal authorization. Therefore, in this essay there are relevant analyses and explanation to the different views between the two contrary theories. This article provides evaluation and discourse about criticism that theories put the judge of coming into being traffic unintentional crimes over-rely on law and regulation of the traffic safety code against the Constitutionalism principle. Virtually, determining behavior being fault must track down how far a concrete behavior violates the traffic rules basing on the certain reasons from various traffic rules. However, the traffic rules are not the formal regulations and not entirely possible to be the standards of judgment. Thus, this essay gives examination and discuss through the different cases on some traffic rules fit in with being the assessment criterion of traffic unintentional crimes, meanwhile others do not but the administrative purposes. To the ends of punishment of the traffic offences, this article focuses on the general prevention due to in the insurance formula many satisfaction of traffic accidents can be adequately contributed. For example about an accidental homicide case, trespassing to life Rechtsgut can result in another chance out of penalty through civil conciliation. The judicial decisions will indirectly cause the national traffic morality vanished if they do not make out the serious responds to life Rechtsgut aggression caused by traffic accidents. This part will be stated in this essay. Besides, there are some introductions and descriptions to the various procedures of handling the traffic accidents in practice and questions facing in procedures. Keywords: Traffic accident , fault theory , causation , regulation of the traffic safety code.