The Study On Escape Of Traffic Accident

With the development of the social economy, the official autos and the private autos are increase rapidly and so are the numbers of the accidents in China every year. And the escapes are usually appeared in the accident under the legal forbidden rules. As the escapes could cause the further damages to the property, the more serious injuries or even the deaths to the immeasurable lost to the families and society, the heavier factor was stated in the Article 133 of Criminal Law of China amend in 1997. Additionally, the judicial interpretation about the several issue over the crimes of traffic accident in 2000 announced by Supreme Court put some guides to the application of Article 133 and the definition of the escape. However, as the nontraditional meaning in the two legal contexts, there are some disputes and problems in the criminal academia and the legal applications in the judicial practices.So this paper put forward the own opinions based on the real cases through the analysis of the existing disputes and arguments of the escapes systematically that it is necessary to amend and perfect the current criminal legislation to make the greater functions.This paper is divided as five parts:Part one is the basic introduction of the case. By the basic information of the escape case by wrecker Li and the disputes and reasons regarding the case, the author analyses the factors to the disputes and outlines the approach to the demonstration of the escapes in traffic accidents.Part two is the summary about the escapes in traffic accidents. At first, the author insists that the part do escape as avoiding the duty of saving or the legal purchasing which is including the accidental spot and the saving spot by the definition of escape. But the interpretation defined the motion of the escaping as the single one, which is against the legislated nature of the escaping spot as the accidental spot; secondly, the author analyses the qualities of the escapes that though the escape is an positive action, it is the non-action in criminal law without the legal duty of saving. Finally, the author compares the escapes in traffic accidents with the traffic accident from four aspects such as the objects, the objective, the subjects and the subjective to consider that the escape as the aftermath action has the different constructive characters.Part three is the relative issues about the"death caused by escape". This one analysis the objective and subjective sides of the concept and argues the target extends the dangerous results of the causes in order to point out the cause-and-effect between the escape and the death of victim not based on the crime of traffic accident. And the subjective of part is the fault or the indirect deliberation.Part four is the accomplice problem of escape in traffic accident. From the interpretation and Criminal Law, the contradiction exists on the problem of accomplice. Comparing with the relative theories, the interpretation rules the general conditions of the accomplice on fault and the managers of one organization as the commander should not be the accomplice of the crime.Part five is the comments of case and the legislated suggestions. In this part, the author gives the analysis and definition of the legal qualities of escapes according to the former discussions and states that the escape and the factor of death caused by escape are different from the crime of the traffic accident and suggest that the escape should be excluded from the crime of traffic accident and set as the single crime named as the"escape in traffic accident". And based on the foreign legislation about the escapes and the meaning of the crime amend trying to give the crime description about the"escape in traffic accident".