How to punish the crime of traffic hit and run, and what is the punishment for the crime of traffic

Traffic hit-and-run shall be subject to administrative punishment, compensation for economic losses, and criminal responsibility shall be pursued if serious injury or death is caused.

Traffic hit-and-run refers to the act of a motor vehicle driver fleeing the scene of the accident without authorization at the same time as a traffic accident, so that the civil, criminal and administrative liability caused by the traffic accident cannot be determined, and its purpose is to shirk and escape responsibility.

The Road Traffic Safety Law stipulates: "If a party escapes or deliberately destroys, falsifies the scene, or destroys evidence, so that the responsibility for the traffic accident cannot be determined, he shall bear full responsibility." "In a traffic accident, the driver who caused the accident may not be responsible or only partially responsible, but if he escapes and the responsibility for the traffic accident cannot be determined, the driver will bear full responsibility for the traffic accident.

According to the General Principles of the Civil Law and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation costs range from a few thousand yuan to tens of thousands of yuan or even hundreds of thousands of yuan. However, if the vehicle involved in the accident escapes, according to the "Insurance Contract", the insurance company will no longer bear the insurance liability, and the owner of the car will bear all the compensation costs.

Paragraph 2 of Article 101 of the Road Traffic Safety Law stipulates that the public security traffic management department will revoke the driver's license of a motor vehicle for the duration of a driver's license and shall not re-obtain it for life, regardless of the size of the consequences of the traffic accident.

Article 133 of the Criminal Law stipulates that a person who violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal Analysis:1Generally sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2.The crime of causing a traffic accident refers to a criminal act that violates road traffic management regulations and causes a major traffic accident, causing serious injury or death to a person, or causing major losses to public or private property, and is investigated for criminal responsibility in accordance with law.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China stipulates that anyone who violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

1) Where one person is killed or three or more brothers are seriously injured, and the person bears full or primary responsibility for the accident;

2) The death of three people is equally responsible for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and who bears all or primary responsibility for the accident and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5) Driving with serious overload;

1. How to punish the crime of traffic hit-and-run.

1. Traffic hit-and-run accidents will be subject to administrative penalties if they do not constitute a criminal offense. Specifically, a fine of not less than 200 yuan but not more than 2,000 yuan, the revocation of the driver's license, and other concurrent detention may be imposed. If it is suspected of constituting a criminal offense, it shall be punished in accordance with the provisions of the crime of causing a traffic accident and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

2. Legal basis: Article 133 of the Criminal Law of the People's Republic of China.

traffic offences; Dangerous driving] Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

2. What are the constituent elements of a traffic accident?

1.Subject The subject of the crime of traffic accident is the general subject, including personnel engaged in transportation and non-transportation;

2. Direct leaders and commanders of transportation activities, such as train conductors and dispatchers;

3. Operators of transportation equipment, such as wrenches; Fourth, the administrator of traffic and transportation safety, such as traffic police;

4. Subjective aspect: The subjective aspect of the crime of traffic accident is negligence, that is, the perpetrator should have foreseen the serious consequences of his own behavior, but did not foresee it due to negligence, or although he foresaw it, he was gullible enough to avoid it, resulting in serious consequences.

Legal Analysis: Whoever causes a traffic accident that causes serious injury or death to a person or causes major losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates the regulations on the administration of transportation and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal Analysis: Whoever escapes after causing a traffic accident or has other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal basis: Criminal Law of the People's Republic of China Article 133 Whoever violates the regulations on the management of transportation and transportation, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other particularly heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

Legal Analysis: Whoever escapes shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. If a person escapes after causing a traffic accident and does not constitute a crime, the traffic management department of the public security organ shall impose a fine of not less than 200 yuan but not more than 2,000 yuan.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Article 133 Whoever violates traffic and transportation management regulations, thereby causing a major accident that causes serious injury or death to a person or causes major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; and where death is caused by escaping due to a failed draft, a sentence of not less than seven years imprisonment is to be given.