Research On Escape Behavior Of Causing Traffic Accidents

As the market economy of our country becomes more and more perfect and prosperous and people's living standard is continuously improved, "travel", as one of the four factors of people's life "cloth, food, residence, travel" has attracted more and more people's attention. In the times of severe competition in which time is money and efficiency, whether traffic environment is good or not directly influences the quality of people's life. The vehicle, as the main traffic tool, is increasing in the double number. Especially in recent years it has become a fashion that private families buy cars and automobiles have entered thousands of families, bringing people comfort and convenience. However, an indispensable contradiction is put before us, that is, the number of automobiles is rapidly increasing and the occurrence of traffic accidents is increasing in a more surprising speed. Statistics in recent years show that the death toll because of traffic accidents in our country is increasing by over one hundred thousand every year and the economic loss is more surprising. At the end of 2003, the State Department opened a specific meeting, studying and deploying the measures of decreasing traffic accidents. Our country has entered the time zone of high occurrence of traffic accidents now. Aimed at decrease the loss of the country and people brought about by traffic accidents, the new criminal law pays special attention to the crime of causing traffic trouble, especially giving explicit and concrete regulations of escape behavior of causing traffic accidents and aggravating the range of disrectionary actions of sentencing of escape behavior as well as increasing the striking force of such behavior, therefore the occurrence of escape behavior has been decreased in the greatest limitation.The crime of causing traffic trouble stipulated in the specific provisions of criminal law is a crime of error, but as far as escape behavior is concerned, it has the direct intention of behavior, illustrating that the doer has the severe subjective evil character or big objective danger.The objective aspects of escape behavior are mainly represented in suchbehavior as absconding to avoid punishment, damaging and simulating the scene, and destroying evidence as well as throwing someone off the scene in an attempt to imputing others.First of all, "escape" behavior is a deliberate one and is a nonfeasance in essence.Second, "escape" behavior must take place after a great accident. Third, "escape" behavior, as the aggravated circumstance of crime of causing traffic trouble, consists of the basic crime combining the aggravated circumstance.Article 20 of Methods Dealing with Road Traffic Accidents regulates that the party concerned should take all the responsibility when there is no way to determine the responsibility of traffic accidents because of escape of the party concerned. It can be seen that all civil and administrative responsibility caused by accidents should be undertaken by the escapist, but for this the criminal responsibility is uncertain to be undertaken by the escapist. The imposing of the criminal responsibility must be based on the danger of the behavior, because the social danger brought by the behavior is caused by its previous behavior of causing trouble, not purely caused by the escape behavior.In the crime of causing traffic accidents, the action of surrender should be fully affirmed, which can greatly decrease the pressure and difficulty of work of personnel handling cases, encourage the trouble maker is active to surrender and cooperate with the traffic departments to handle the case, therefore both parties causing trouble can get the fast, fair and rational handling result. It is suitable to the original intention of legislation to apply surrender to the crime of causing traffic trouble, including escape behavior. Therefore, in every circle of the crime of causing traffic trouble, the lenient treatment should be given to surrender, which decreases the occurrence of cases of escape.The determination of t...