| During transportation, hit-and-run is so common. This behaviorgreatly endangers and encroaches on the life safe of the public .At thesame time, it also strengthens the difficulty for judicial organization toinvestigate and prosecute the trouble-making case. In order to severelyattack this dangerous act, "escaping" and "the death caused by escaping"are respectively enacted as aggravating circumstances of the crime ofcausing a traffic accident in the Criminal Law, 1997. The SupremePeople's Court also makes a specific explanation for the meaning andthe question on how to determine the commission of the crime between"escaping" and "the death caused by escaping" in the Explanation aboutthe Questions in Law Application to Hear the Criminal Case of Causinga Traffic Accident (the following using Explanation for short) However,the simple of legislation and the defect of Explanation have seriouslyaffected judicial organization disposing the case of escaping aftercausing a traffic accident. Therefore, it has great significance tosystematically study the escaping behavior after causing a trafficaccident and its relevant questions so as to improve enactment ofcriminal law and contribute to their correctly application in judicialpractice. This essay includes three parts: the first part is the definition of"escaping" behavior after causing a traffic accident; holding the viewthat "escaping" behavior should be defined from subjective aspect andobjective aspect; it also expounds the author's own ideas about the twoquestions of the escaping behavior after causing a traffic accident in lawapplication. The second part, considers that in the crime of causing atraffic accident, the culpability of "the death caused by escaping" shouldbe negligence, and the scope of people's objects are confined in thecasualties in the first traffic accident; "the death caused by escaping" iscrime with aggravated circumstances of the crime of causing a trafficaccident. The third part, probes into the subjective and objectiveconditions of the crime of intentional homicide by omission in the caseof escaping behavior after causing a traffic accident; believes that thesixth section of Explanation is not the exclusive stipulation of the crimeof intentional homicide by omission; considers that the second article inthe fifth section of Explanation enacts that the man who instigates thetroublemaker to escape should be penalized as the accomplice of thecrime of causing a traffic accident. But this stipulation violatesenactment of criminal law and theory of criminal law. In the conditionthat the hit-and-runner constitutes the crime of intentional homicide byomission, the instigator can be penalized as the accomplice of the crimeof intentional homicide.
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