“飞车抢夺”的刑法定性问题再探讨

"飞车抢夺"的刑法定性问题应当从广义的"飞车抢夺"和狭义的"飞车抢夺"两个层面展开。广义的"飞车抢夺"刑法定性应当注意行为性质转化以及事前、事中、事后的附加行为因素对"飞车抢夺("狭义的)刑法性质上的影响;狭义的"飞车抢夺"的刑法定性应当考虑"飞车"对"抢夺"刑法性质的影响。     

农村地区摩托车安全管理存在的问题及其对策

随着农村地区摩托车拥有量逐年快速增长,当前存在摩托车驾驶人交通安全意识淡薄、摩托车交通管理还存在不到位现象及道路与交通安全设施建设落后等主要问题,切实加强交通安全宣传教育工作,推行道路交通安全社会化管理,科学用警并创新管理模式,把好摩托车培训与考核关,进一步完善道路与交通安全设施等措施将有效提升农村地区摩托车安全管理水平。     

Motorcyclists’ fatalities in multiple crashes: Who is responsible for death? (three cases)

In Italy in 2007, 26% of two-wheeled motor vehicle injury/fatalities concerned motorcyclists. However, it is rare (4%) that a motorcycle (MC) crashes with two other road users and even more exceptional is a crash between a MC and three other vehicles. In general, in MC–vehicle crashes, the vehicle driver is at fault in more than 50% of the cases and the motorcyclist in 37%. The study concerns three MC lethal road accidents in which the culpability of the motorcyclist's death was questioned by the prosecutor because it was supposed that one or more vehicles ran over the motorcyclist after a fall. The crucial question in these three cases was if it was possible to assign injuries to a specific crash-aetiology and to assign/exclude the responsibility of motorcyclist's death to a defined subject (motorcyclist himself and/or car drivers) after a crash-dynamics study made by an engineer consultant or by the police authority. Case (1) A 56-year-old motorcyclist on a highway had a front–rear end collision with a car that suddenly stopped; he was therefore projected against a concrete traffic island, thrown on the soil and run over by another car. Case (2) A 29-year-old motorcyclist on the East ring road fell on the soil, perhaps by a supposed front–rear end contact with a car and was run over by two cars in rapid succession. Case (3) A 34-year-old motorcyclist on the North ring road fell suddenly on the soil for unknown reasons; during first aid, the medical team around him was run over by the ambulance which pushed after a rear-end collision with a car. A stepwise analysis of the indicated crash dynamics and an evaluation of all the injuries revealed at autopsy, the study proposed, when possible, injury aetiology for each case and the related responsibility assignments and exclusions.     

对轻便摩托车管理模式的探讨

轻便摩托车具有价格便宜、出门方便、可作为小型货物运输工具等优势,近年来发展十分迅猛。但轻便摩托车的存在也给上海城市的道路交通带来了极大的安全隐患。在目前轻便摩托车使用需求还较大的情况下,应采取“总量限制、严格管理、逐步淘汰、平稳过渡”的方针,行政、法律、经济手段并用,加强控制和管理,逐年减少轻便摩托车的使用总量。