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Research The Problem Of Running Away After Causing The Traffic Accident Crime

Posted on:2005-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z W TanFull Text:PDF
GTID:2156360125456718Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
At present, with the fast and sustainable development of market economy, traffic accidents take place frequently. Therefore, it is necessary to study the crime leading to serious traffic accidents, namely, the Crime of Causing Traffic Accident, in which the problem of running away after causing traffic accident is one of a debatable key points.After traffic accidents take place, the troublemakers have the legal duty to save the victims and accept the disposal. Some of the trouble makers, however, do not comply with it, which brings much trouble to the victims and society, and to the disposal of the accidents, simultaneously. In order to punish such disgusting behavior, the Ceramal Law stipulates that if someone runs away from the spot after he has caused the traffic accidents or his escape results in the death of the victim, the punishment should be aggregated. Running away from the spot after causing traffic accident means that a person clearly knows his behavior has caused a traffic accident but he does not fulfill the legal duties to save the victims or properties, to report to the police and accept the disposal, but runs away to avoid the punishment. The essence of the action lies in avoiding duties of saving and the criminal responsibility, and it can be used to judge whether the act leaving the spot can be regarded as the act of running away from the spot after causing traffic accident. Escaping results in the death of the victim means the troublemaker does not save the victim in time after the traffic accident, but runs away from the spot, and this leads to the death of the victim. The essence of the act is the refusing to fulfill the duties of saving and thereby leaving to death of the victim. To maintain the crime apart from grasping the essence, criminal causality between the act of escaping and the result of death is also necessary.
Keywords/Search Tags:the Crime of Causing Traffic Accident, Running away, Causing the death
PDF Full Text Request
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