A STUDY ON “TRAFFIC CRIMES” --- FOCUSING ON AMENDMENTS OF JAPANESE CRIMINAL CODE IN 2001

• Main Author: 何斐萍
• Other Authors: 甘添貴
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/36357911202143556909

碩士 === 國立臺北大學 === 法學系 === 91 === The 153rd Congress of Japan has adopted the amendment of partial articles of Criminal Code in Nov. 28, 2001. The penal clause (Article 208-2) is added to regulate the offence in dangerous driving to cause death or injury. Meanwhile the article (Article 211 Section2), which is about the judicial discretion in remission of punishment, is also added for those who operate automotive vehicle to cause injury due to professional negligence. Many articles and studies about this amendment with the title of “Traffic crimes” have been continually published in Japan. However, what is the meaning of “Traffic crimes”? What is the necessity for it to be categorized in criminal policy? What is the regulative effect of those acts in Article 208-2 of Japanese Criminal Code on Taiwanese current legal system? We’ll try to find out the answers to these questions. The research way in this thesis is to probe into the documents to analyze the concept of “Traffic crimes”, the related Japanese documents about this amendment in Criminal Code, and the related discussion about Article 185-3 of Taiwanese Criminal Code. There’s also statistics analysis for reviewing Taiwanese corresponding judicial decision. The Chapter 2 of the thesis includes the definition of “Traffic crimes”, the analysis of the standard to judge traffic crimes from other type of crimes, and then proceed to discuss the characteristics of “Traffic crimes” and the corresponding criminal policy. Chapter 3 is to introduce the background and the contents of this amendment in Japanese Criminal Code to manifest the amendment tendency that is correspondent with traffic crimes specialties. The introduction of the amendment content includes the legal interests, the subjective and objective elements in the crime, the number of appropriate accusation, and the reason to add judicial discretion in remission of punishment and applicable occasion. Chapter 4 is to discuss the questions about the amendment with the views of legislation and explanation. The possible regulative effect of the new added article that cumulates the penalty of dangerous driving on Taiwanese current legal system will be analyzed in Chapter 5. In addition, according to the definition of “Traffic crimes” discussed in chapter 2, the scope will be concentrated on Article 185-3 of Taiwanese Criminal Code in this chapter to diagnose the provisions, the relevant questions in application, and the actual situation in sentencing. Chapter 6 is to compare the front part of Article 208-2 Section 1 of Japanese Criminal Code with the Article 185-3 of Taiwanese Criminal Code to learn of the differences in the provisions. And to bring up the opinions, which come from Japanese legal system with the views of legislation and explanation, deserve our deliberation. Finally, to conclude the above-mentioned important points, and aiming at the characteristics-numerous, routine and high-speed-of traffic crimes to make suggestion in drawing up simple and rapid handling procedure, to review the legislation regulation and the handling policy of judicial attitude in the Article 185-3 of Taiwanese Criminal Code to seek good criminal policy that tempers justice with mercy in dealing with traffic crimes and establish an appropriate system in criminal execution.