How to convict the other party of causing death on a country road riding a bicycle

Convictions: The punishment for traffic accidents is mainly divided into three levels, the first level is fixed-term imprisonment or criminal detention of not more than three years; the second tranche is fixed-term imprisonment of not less than three years but not more than seven years; The third tranche is fixed-term imprisonment of more than seven years. The details are as follows:

1. In any of the following circumstances, a traffic accident is to be sentenced to up to three years imprisonment 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 for an 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 without a license or scrapped; 5. Driving with serious overload; 6. Fleeing the scene of an accident in order to evade legal prosecution. 2. In any of the following circumstances, a sentence of between three and seven years imprisonment is to be given: "Fleeing after a traffic accident" refers to the act of the perpetrator fleeing after a traffic accident in order to avoid legal prosecution.

Specifically, it includes: 1. Two or more deaths or five or more serious injuries, and the person bears full or primary responsibility for the accident; 2. If there are six or more deaths, the person bears 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 for more than 600,000 yuan. 3. In any of the following circumstances, a traffic accident shall be sentenced to fixed-term imprisonment of not less than seven years:

"Death due to escape" refers to a situation in which the perpetrator flees to avoid legal prosecution after a traffic accident, resulting in the victim's death due to lack of assistance.

It depends on the priority and responsibility of both parties to determine responsibility.

The constitutive elements of the crime of causing a traffic accident do not include that the accident must be caused by a motor vehicle. The main constituent characteristics of the crime of traffic accident include:

1) In the objective aspect, it is manifested as a violation of traffic and transportation management regulations, and there are violations of filial piety, and major accidents occur as a result;

2) The perpetrator is subjectively negligent, that is, he has a certain understanding of the serious consequences caused by his violation, but is subjectively negligent;

3) The subject of the crime is a natural person with the capacity for criminal responsibility, including transportation personnel and non-transportation personnel such as cyclists, pedestrians, and vehicle owners. Article 133 of the Criminal Law provides that whoever violates traffic and transportation management regulations, thereby causing 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. Article 18 of the Road Traffic Safety Law stipulates that non-motor vehicles that shall be registered in accordance with the law can only be driven on the road after being registered by the traffic management department of the public security organ.

The types of non-motor vehicles that shall be registered in accordance with the law shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government according to the actual local conditions. The dimensions, mass, brakes, bells and night reflective devices of non-motor vehicles shall comply with the safety technical standards for non-motor vehicles. Article 72 of the Regulations for the Implementation of the Road Traffic Safety Law stipulates that driving bicycles, tricycles, electric bicycles, and motorized wheelchairs for the disabled on the road shall comply with the following provisions:

1) You must be at least 12 years old to drive a bicycle or tricycle;

2) To drive an electric bicycle and a motorized wheelchair for the disabled, you must be at least 16 years old;

3) Do not drive while intoxicated;

4) Before turning, you should slow down, stretch out your hand to signal, do not turn suddenly, and do not obstruct the vehicle being overtaken when overtaking the vehicle in front;

5) Do not tow, climb or be towed by other vehicles, and do not take your hands off the handlebars or hold objects in your hands;

6) Do not support each other, chase each other, or zigzag and race;

7) Do not ride a unicycle or a bicycle ridden by more than 2 people on the road;

8) Persons who are not disabled in the lower limbs shall not drive motorized wheelchairs for persons with disabilities;

9) Bicycles and tricycles shall not be equipped with power devices;

10) Do not learn to drive a non-motorized vehicle on the road.