Research Of The Escaping After Causing Traffic Accidents

In the 21 century, with the fast and sustainable development of market economy, traffic accidents take place frequently. The trend of the escaping after causing traffic accidents increases by degrees. If the troublemakers don't save the victims in time, the escaping behavior after causing traffic accidents can bring the disadvantageous influence of causing the victims' death, so it is one of the important tasks establishing a socialistic harmonious society to attack the crime of causing traffic accident severely, and hold back the escaping behavior after causing traffic accidents effectively.To consider this task stood at the angle of criminal academic research and criminal justice practice, it can be found that our country's stipulations of the Crime of Causing Traffic Accident are general in the actual criminal law. "The escaping after causing traffic accidents" and "the death caused by escaping" take effect only as a circumstance of sentence discretion. However, the complication of the reality and the escaping after causing traffic accidents makes it is inconsistent for the judicial organization to deal with the escaping after causing traffic accidents and the death of the victims caused by the escaping so as to bring much controversy in theory. Although the intention of the supreme court enacting the law 《the judicial explanation about the concrete applied problems of judging the criminal cases of traffic accidents》 is to unify the practice, but on the contrary, it still causes dispute . The criminal application of the victims' death caused by the escaping after causingtraffic accidents" is one of debatable key points. To determine and deal with the escaping cases after causing traffic accident is a difficult problem in the judicial practice.Researching the escaping problems after causing traffic accidents has significance of academic research and the value of practical direction to unify the divergence of opinion, avoid the contradiction in judicial practice. In this article the author tries to explore this problem, doing her endeavor for judicial theory and practice.The paper is divided into four parts from four aspects to discuss the escaping problems after causing traffic accidents, about thirty thousand words.In Chapter 1 is the definition of the meanings about the escaping after causing traffic accidents. After traffic accident takes place, the troublemaker doesn't fulfill the legal duties, runs away to avoid the punishment, and his behavior is called the escaping after causing traffic accidents in broad sense. After making a subjective and objective analysis concerning the escaping behavior after traffic accidents in broad sense, nail down that the escaping after causing traffic accidents takes effect chiefly as a circumstance of sentence discretion in the crime of causing traffic accidents, but under certain conditions, it can serve as the character of criminative circumstance in the crime of causing traffic accidents.In Chapter 2, it is concerning the criminal application of the death of the victims caused by the escape after causing traffic accidents. The author indicates two nucleus-problems. Firstly, the area of "the man" causing the death of the victims in traffic accidents merely localizes on the victims in the foregoing accidents. Secondly, the form of offence in traffic accidents should be "the defect". At this basis, the author further points out that the punishment of "the death caused by the escape" should be aggravated, expounds the application of law about "the death of the victims caused by the escaping.In Chapter 3 are the other correlative problems of the escaping after causing traffic accidents, in which "the death of the victims caused by the escaping" not being regarded as the crime of intentional homicide, the problems of the both complicity and the confessing behavior were explored.In Chapter 4 are the legislative suggestions. Basing on the will and the principle of the legislation in the clause 133 of the Criminal Law, the author avers that the escaping after causing traffic accidents and "the death of the victims caused by the escaping" should be listed independently in the Criminal Law, and constitute "'the Crime of the Escaping after Causing Traffic Accidents" and "the Crime of Causing the Death in Traffic Accidents".