Do you have to go to jail if you reverse force a child and crush a child, and how much does a child

It depends on the consequences caused and the proportion of responsibility for the accident. According to 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".

Article 2: In any of the following circumstances, a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention:

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

2) Where three or more people are killed, they bear equal responsibility 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 bears full 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;

6) Fleeing the scene of an accident in order to evade legal prosecution.

Article 3: "Fleeing after a traffic accident" refers to the conduct of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution in any of the circumstances provided for in the first paragraph of article 2 and items (1) through (5) of the second paragraph of this interpretation.

May be sentenced to one to three years in prison.

Hello, it's a pleasure to answer for you! How much does a child have to pay if he is crushed to death by a car? As follows:

1. If it is an urban hukou, the death compensation and funeral expenses are about 280,000 yuan, and the rural hukou is about 100,000 yuan. It is also possible to claim compensation for moral damages. However, the amount of compensation shall be apportioned according to the responsibilities of both parties.

2. The full responsibility is more than 800,000. Immediately after the accident, the police shall report to the police, and the traffic police shall make a traffic accident positive fight determination based on the on-site investigation records, witness testimony, party statements, appraisal conclusions, audio-visual materials and other evidence; If the party is not satisfied with the traffic accident determination, it may apply for a review to the traffic police department at the higher level that made the determination within 15 days after receiving the certificate; Death compensation for victims of traffic accidents (Chongqing) 1. Funeral expenses: 6 months of average social wage in Chongqing in the previous year, 2. Death compensation: per capita disposable income of urban residents in Chongqing in the previous year (urban), per capita net income of rural residents in Chongqing in the previous year (rural), 3. Living expenses of dependents, 4. Transportation expenses, 5. Accommodation expenses, 6. Solatium for mental damage, 7. Property losses, etc. Death compensation and living expenses for dependents, as well as the determination of urban and rural residents, are generally based on the place of household registration.

However, if the victim whose household registration is in a rural area has lived in the urban area for more than one year continuously at the time of the road traffic accident and has a decent life**, the amount of compensation may be calculated according to the standard for urban residents. Compensation shall be negotiated according to the following circumstances: in the event of a traffic accident, the compulsory traffic insurance shall compensate within the liability limit (the death compensation limit is 110,000 yuan; Medical expenses are 10,000 yuan; property damage is $ 2,000).

Insufficient part: between the motor vehicle and the pedestrian, the vehicle party bears 80-90 compensation liability according to the primary liability, 60-70 equal liability, and 40-50 secondary liability; Between the motor vehicle and the motor vehicle, the compensation liability shall be 70-80 according to the main responsibility, the same liability 50, and the secondary liability 30-40 shall be sued to the court where the accident occurred or the defendant is located if the negotiation fails.

Reversing and causing death is a traffic accident or negligence causing death. If the perpetrator violates traffic and transportation management regulations, and a major accident occurs, resulting in death, the crime of causing a traffic accident shall be convicted; If there is no violation of traffic and transportation regulations, the crime of negligence causing death is convicted.

1. What should be paid attention to when reversing.

1. Adjust the rearview mirror in the car to clearly see the situation behind the car.

2. Take into account the left and right mirrors at the same time.

3. Control a certain speed.

4. When there are pedestrians and vehicles, stop and wait in time.

5. Judge the accurate distance based on the reversing image.

2. What are the regulations on reversing motor vehicles?

1) At the intersection with a guide lane, drive into the guide lane according to the desired direction of travel.

2) If you are about to enter the roundabout, give way to the motor vehicles that are already in the intersection.

3) When turning left, keep to the left of the center point of the intersection. Turn on your turn signals when cornering, and turn on your low beams when driving at night.

4) When encountering a release signal, pass in turn.

5) When encountering a stop signal, stop outside the stop line in turn. If there is no stop line, stop outside the intersection.

6) When turning to the right and encountering a vehicle in front of the same lane is waiting for the release signal, stop and wait in turn.

7) At intersections where there are no direction signals, turning motor vehicles give way to vehicles and pedestrians going straight. A right-turning vehicle traveling in the opposite direction gives way to a left-turning vehicle.

3. How to determine the responsibility for reversing traffic accidents.

1. Traffic accidents such as collisions, scratches, and ditches will occur when shifting and reversing, and attention should be paid to the width of the position of the vehicle, and the safe position of the obstacles and rear wheels behind the vehicle and on both sides should be judged. If necessary, someone should be behind the car to command.

2. When turning and reversing, there will be traffic accidents such as rear collision and body scraping. In this case, you should pay attention to the situation on the inside of the turn and the rear of the vehicle, and pay attention to the timing of turning the steering wheel from the reversing mirror.

3. When reversing in the garage, if the vehicle's line of sight is good, it can be directly observed and judged from the rear window of the vehicle. If the reversing line of sight is poor and you can't see the back directly, you should open the door to judge the position of the body in the garage from one side of the door, and pay attention to the other side of the body from the reversing mirror to prevent scratching the garage or scratching other vehicles.

4. When turning around and reversing, if the road surface is wide, you can directly judge the rear of the car or the wheel side operation method from the reversing mirror. If you need to go forward and backward many times, you should get out of the car to see the safe distance between the cleaning surface and the wheels to prevent falling into the ditch.

Legal basis

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, or causes major losses to public or private property, is to be sentenced to up to three years imprisonment 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.

Article 233.

where negligence causes death, the sentence is to be between three and seven years imprisonment; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

Sentencing. Although he accidentally killed his child by reversing the car, he still needs to bear a certain amount of responsibility for the deeds. Accidentally driving into a person is liable for a traffic accident and may result in imprisonment of up to three years or detention.

Novice drivers must pay attention to whether there are people when parking and reversing to drive, and whether there are foreign objects under the car.

Is it a sentence to kill your own child by reversing a car? will be sentenced. Although he accidentally killed his child by reversing the car, he still needs to bear a certain amount of criminal responsibility.

If you accidentally drive into someone, you will be responsible for a traffic accident. Prison sentences of up to three years or detention may be imposed. Novice drivers must pay attention to whether there are people when parking and reversing to drive.

and whether there are foreign objects under the car and so on. Always drive slowly and carefully. When the mother is driving, she must pay attention to her child and keep the child in a safe area, otherwise she can't afford any accident or accident.

Legal basisArticle 233 of the Criminal Law of the People's Republic of China [Crime of Causing Death by Negligence] Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

will be sentenced. Although he accidentally killed his child by reversing the car, he still needs to bear certain criminal responsibility.

The act has constituted a traffic accident and will be sentenced in accordance with the provisions of the criminal law. shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law; Hit-and-run or other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of three to seven years in accordance with law; Where the perpetrator escapes after the accident, and the party dies as a result of the perpetrator's escape, the hit-and-run person is sentenced to fixed-term imprisonment of not less than seven years in accordance with law. The specific sentencing depends on the actual circumstances.

1. How to judge a family member who accidentally hit and killed a family member while driving.

The crime of causing a traffic accident refers to a criminal act that shall be investigated for criminal responsibility in accordance with the law because of the failure to comply with the relevant provisions of road traffic management, resulting in a major traffic accident, causing serious injury or death to a person or causing major losses to public or private property.

It can be seen from this that if a person kills a family member by driving a car, the act has constituted the crime of causing a traffic accident and will be sentenced in accordance with the provisions of the Criminal Law.

As to how to determine whether a traffic accident is a crime, according to the provisions of the relevant judicial interpretations, if the traffic accident results in serious injury to more than one person, the person shall bear all or the main responsibility for the accident, and in any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:

1. The perpetrator drove a motor vehicle after drinking alcohol or after taking drugs;

2. The person driving the motor vehicle does not have the driving qualifications;

3. Driving even though he knows that the safety device of the motor vehicle is incomplete or the safety mechanism has failed;

4. If Dou Shen clearly knows that the vehicle is an unlicensed car and a scrapped car is still driving;

5. Driving with serious overload;

6. After an accident occurs, the perpetrator flees the scene of the accident in order to evade legal prosecution.

According to the sentencing provisions for the crime of causing a traffic accident, a person convicted of the crime of causing a traffic accident will be sentenced to fixed-term imprisonment of not more than three years or criminal detention in accordance with the law; Hit-and-run or other particularly heinous circumstances shall be sentenced to fixed-term imprisonment of three to seven years in accordance with law; Where the perpetrator escapes after the accident, and the party dies as a result of the perpetrator's escape, the hit-and-run person is sentenced to fixed-term imprisonment of not less than seven years in accordance with law.

Legal basis

Article 233 of the Criminal Law of the People's Republic of China Whoever causes death by negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.

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.

If a person is killed by a car in an upside-down state, he is suspected of the crime of causing a traffic accident and should be sentenced to fixed-term imprisonment of not more than three years, detention, or controlled release. If the victim is forgiven, the punishment can be mitigated and a suspended sentence can be accommodated. Article 133 of the Criminal Law of the People's Republic of China stipulates:

Whoever violates traffic and transportation management regulations, thereby causing a major accident and 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.

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.