The Research On The Related Issues Of "Escape After The Occurrence Of Traffic Accident"

With the further development of our economy, more and more well-developed road network construction, various vehicle ownership rates gradually increased, and the growth rate significantly. However, people's awareness of traffic safety have not been increased .Besides,the laws and regulations also have no fundamental improvement.This results more and more traffic accidents and lots of victims been caught in the situation of dual physical and mental suffering.The regulation system of the Traffic Accident Crime including the China's "Criminal Law", the Supreme Court "The interpretation of hearing the traffic accident Criminal Cases Law "and"Road Safety Act "and other laws and regulations has still serious shortcomings,especially the treatment for traffic Casualties is being blocked in the judicial practice. in this context, my paper is going to analyze the current situation of the law on traffic accident crime and trying to find a way to improve it.The preface is mainly about the command-style presentation of the existing regulation system of the Traffic Accident Crime.Besides the preface,this thesis is divided into five parts.There are 28000 characters in total,which includes 1200 characters in footnotes.The first part focuses on the contradictions and fuctions of the"escape"from three legal texts and then to find out the interpretation of the "escape" in the Criminal law, Which discusses however the responsibilities of accident can judge the crime of traffic accident, as well as however the Presumption Rules of duty is reasonable. It break down the"escape"into two behaviors of "in order to avoid legal action in the run " and "bailout aid" to solve the problem of duplication of assessment, highlighting the law on human attention and care.The second part analyzes the sources of the obligations of aid and the nature of the behavior of escape. The"escape"is a kind of pure omission. As the source of the obligation to act is the previous accident.The third part analyzes the problem of the Crime of surrender. Since the meaming of the "escape" is still in the controversationl, the problem of the Crime of surrender is aslo without a certain identification. In this paper, by re-interpretation of the"escape",the problem of surrender becomes simple and clear.The surrender not only exists in the basic crimer of the traffic accident and also in the Aggravated crimer,itself should be strictly complied with, a true account of these two conditions to identify.The forth part analyzes the provisions of the deaths caused by escape. From the subjective, the "people " of the deaths caused by escape and the condition of murder,this part clarifies the situation of the deaths caused by escape. perspective of the theory of sin number, The fifth part reconstructs the crime of traffic accident,delating the second provision of the crime of traffic accident and reconstructing the third provision into combinative crime of the crime of traffic accident and the crime of negligence causing death.