"Because The Escape Death Caused" Problems

In real life, the actor in hit-and-run for escape death caused "is a kind of social harmfulness great crime, the harmful consequences extremely serious. Enable the victim to get aid to the victim families and die, add a great deal of pain, so that even the victim families back heavy economic burden. Our country "criminal law" the article 133 of "for escape death caused" severe penalty, and the provisions of the supreme people's court also in 2000, with the form of judicial interpretations, this paper further regulation. But, in the theory and judicial, right "for escape death caused" still exists different understanding and applicable, lead to different criteria. Accordingly, it is necessary to "due to escape death caused" of the words and connotation of research and analysis to determine the basic meaning of SSC escape behavior, and defines "due to escape death caused" in the "people", the scope of clarifying its contains only the victim of the traffic accident, not including actor in hit-and-run incidents happening again after the hit-and-run the victim. Argument analysis "for escape death caused" nature of plot aggravating committed, not the result, aggravating committed. In the argument "for escape death caused" criminal law basic characteristics, after considering comprehensively in the subjective attitude that only is from negligence may be intentionally. Through and "for escape death caused" phase approximate crime to distinguish and to "escape death caused because of the special problems, namely, not as committed and" due to escape death caused "and letting escape death caused the accomplice of problems in certain depth of exploration, further clarifying" due to escape death caused "problems. Expect to establish "due to escape death caused" usually determination standards, and finally in theory and practice of forming a unified standards.