One view was that traffic crime is the crime of endangering public safety, higher demands on the social harm. Only in a road accident and the damage caused by the virulence capacity larger than the results of one vehicle to traffic crime on the bike, since the restriction of its structure, performance, capacity and results virulence damage caused social harm sex and the vehicle can not be compared. Therefore, below the range of non-motorized bicycles during transportation, if a violation of the provisions of traffic safety laws and regulations, its driver can not be punished for the crime of traffic accident. And, in our country, is far greater than the number of bicycle motor vehicles, most people's daily means of transport, throughout every corner of social life, if the bike is also satisfied that the scope of human traffic accident crime, is bound to cause a surge in the number of traffic accident crime is not conducive to the judiciary to focus on the fight against greater social harm of crime, criminal law will result in too wide striking surface, resulting in negative effects overkill. Causing serious consequences on the bike in a car accident, it can violate its object, combined with the specific circumstances of the case to be conviction and sentencing, such as: Cycling implementation of traffic behavior in the process, due to the negligence of others if serious injury or death results, It may be negligent assault or manslaughter their conviction and sentencing. If the perpetrator is a willful, intentional homicide can be conviction and sentencing.
Another view was that, Cycling causing injury or death, and the same motor vehicle drivers may be traffic crime. If it is set to negligence or intentional assault or homicide, it is inappropriate. Because the bike causing injury or death during transport, the place in the case of violation of road traffic safety laws and regulations, it is a general assault and homicide do not have the feature, but with the traffic accident crime The feature match. Judging from the subjective element of the crime, in the course of transportation, the bicycle ride who cause serious injury or death to others, do not have harm others intentionally or negligently, they will not have the nature of a general assault and homicide. Therefore, in the implementation of bicycle traffic behavior, if not willful, but because of negligence resulting in serious injury or death to others, it may be to the Crime his conviction and sentencing.
