In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People' s court. The second article and the fourth article in the judicial inte...In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People' s court. The second article and the fourth article in the judicial interpretation take the "no ability of the amount of compensation" as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.展开更多
文摘In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People' s court. The second article and the fourth article in the judicial interpretation take the "no ability of the amount of compensation" as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.