The Qualitative Research Of Traffic Escapes

In recent years, with the development of society and the transportation industry, the increasing cars trigger a lot of hit-and-run cases which seriously threat to rising personal health rights. While, citizens crumbled in a traffic accident after escaping behavior which makes the identification of traffic accident responsibility more difficulty, not only waste the judicial resources but also make the rights of the health and life suffered significant threat. Therefore, the new criminal law in 1997 after a hit-and-run escape will increase to traffic offences act of severe penalty after the plot, issued by the supreme people's court on the trial of criminal cases of hit-and-run the concrete application of law in "the explanation of some issues (hereinafter referred to as the" explanation ") to traffic escapes conduct detailed regulations. But because of its legislative intent on the fuzzy and expression vague and has caused not only a lot of scholars have various theoretical explanations, instructions theoretical circles on the discussion, but also do not unified recognition.In order to deeply analyze the traffic escapes behavior, this paper from the angle of the traffic escapes qualitative existing problems of the case by case, analysis the controversy and the causes of dispute system analysis traffic escapes behavior qualitative problem. This article will use the first clarify a point, after theoretical analysis method, to escape behavior theory about the different viewpoints are expounded, makes a detailed analysis and propose my own view.This paper is divided into four parts:The first part, traffic escapes qualitative problems. Through the introduction of the traffic escapes qualitative problems and traffic escapes triggered controversy, compare theory of the causes of dispute display and analysis of the real case, some opinions are put forward.The second part, traffic escapes qualitative international perspective. Combining the escape behavior of foreign qualitative, through exploring legislative intent and escape behavior, deeply discuss the nature of the connotation of escape behavior, and to legal assessment.The third part, traffic escapes rational analysis. Main analysis traffic escapes behavior constituents, analyze traffic escapes and "for escape to death" distinction, puts forward traffic escapes independent into sin.The fourth part, traffic escapes qualitative rethinking. Set up traffic escapes mainly analyzed the necessity and feasibility of sin, focuses on the analysis traffic escapes crime constitution of crime, terms design and related instructions.