西南石油大学学报(社会科学版) ›› 2015, Vol. 17 ›› Issue (6): 62-69.DOI: 10.11885/j.issn.1674-5094.2015.04.15.05

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A Study on the Instigator of Dangerous Driving Crime

Jia Yinsheng He Xianbing   

  1. School of Law,Southwest University of Science and Technology,Mianyang Sichuan,621010,China
  • Online:2015-11-01 Published:2015-11-01

Abstract:

Instigation of dangerous driving which results in traffic accident can be punished in four ways according to law
theories. The first is to assure the instigation of the negligence by denying the intentional subordination of the accomplice to
the principal offender according to the theory of behavior in common. The second is to define the crime of causing traffic
casualties as intentional offense,and deal with the casualties by objective extra factors according to theory of pre-protection
of legal interest. The third is to replace outcome-based responsibility form with behavior-based liability form. The fourth is to
handle it with the theory of partially joint crimes. Among them the fourth is applicable to China’s current criminal theoretical
system.

Key words: dangerous driving crime, instigator, principal offender, crime of causing traffic casualties, aggregated consequential
offense

CLC Number: