Research On The Problem Of Hit-and-run In Crime Of Causing Traffic Casualties

At present, with the development of economy and society, transportation has also been developed quickly, but the ratio of traffic accidents is also growing year by year. Crime of causing traffic casualties is becoming a criminal case of high frequency.When dealing with the case of crime of causing traffic casualties, the judge and dealing with of hit-and-run and related problems are the key points, and they are also the emphasises and difficulties in crime of causing traffic casualties. Knowing hit-and-run as well as related problems to further judge the crime of causing traffic casualties is the starting point and foothold of this paper.Clear provisions published in the criminal law of our country are made to judge the crime of causing traffic casualties in the chapter of crime of endangering public safety. Crime of causing traffic casualties is judged by 3 classes of law, and measurement of penalty rises by mutual jiont ladder approach. Apart from conviction of basic laws, the situations provided in the conviction of weighting law are related to the hit-and-run behavior, and the behavior as well as its consequences affect how to judge the person of causing traffic casualties. As the judicial interpretation made by Supreme People's Court——'Interpretations of several law problems when applied definitely in the trialing criminal case of causing traffic casualties 'further explains on the related problems of crime of causing traffic casualties. According to the explanations, hit-and-run behavior and the related problems of the death caused by escaping have been further confirmed. However, due to the high frequency, universality and complexity of the crime of causing traffic casualties, the existing laws and regulations as well as related explanations are not insufficient to overcome the controversies between the theory and practice. This is the creation background of the paper. The paper are divided into 3 parts, and research the hit-and-run behavior, the difficulties in judging the hit-and-run behavior and the problem of 'Death caused by the hit-and-run' completely and respectively.The paper starts with the hit-and-run behavior as the core. Part 1 of the paper is the summary of the hit-and-run behavior. The hit-and-run behavior is a kind of specialized behavior owned by crime of causing traffic casualties.In the criminal law of our country, there is a rule of weighting legally-prescribed punishment to the hit-and-run behavior concluding in the crime of causing traffic casualties. However, to judge whether the hit-and-run behavior should be done separately according to the property of the hit-and-run behavior in the theory and detailed implementing has been debated all the time. This part begins with connotation of the hit-and-run behavior to analyze the meaning of the hit-and-run behavior and roles played by crime of causing traffic casualties.The second part of the paper has further analyzed four subjective and objective aspects of the hit-and-run behavior in the detailed respects of it, researched difficulties of the theory and how to stabilize the accomplices of the hit-and-run behavior, by which the paper has confirmed the relationship between the the hit-and-run behavior and behavior of causing traffic casualties, the characteristics of the hit-and-run behavior and justified the hit-and-run behavior specifically.In the third part of this paper, after qualitative and quantitative analyzing of the hit-and-run behavior, further statements are made to discuss the difficulty of"Death caused by the hit-and-run behavior"in the the hit-and-run behavior. Although the crime of causing traffic casualties is just one kind of crimes, but its behavior structure is very complex, and its consequences are various, a relatively serious one of which is the ' Death caused by the hit-and-run behavior '. It is special and related to other crimes, making it difficult to grasp. This part has analyzed characteristics of situation of ' Death caused by the hit-and-runt behavior ' and the relationship as well as differences between it and other crimes in respects of the unity of subjective and objective, offering a qualitative and quantitative reference to know and grasp the situation of ' Death caused by the hit-and-run behavior '. In the research of ' Death caused by the hit-and-run behavior ' , there are two difficulties: one of them is the subjective psychology of the person with illegal which relates to judging the property of behavior; second is the differences between the situation of ' Death caused by the hit-and-run behavior ' and other crimes, which is the request of judging the situation of ' Death caused by the hit-and-run behavior ' and convicting accurately. The writer has deeply researched and analyzed on the two difficulties, and defined them clearly.