Study On The Problem Of Death Caused By Escape In Crime Of Causing Traffic Casualties

The traffic accident frequency makes the crime of escape after causing traffic casualties happening gradually every year. Facing to this perplexing crime, the author discusses some questions in theory to guide the reality. According to that, it has important role and theory value for guilty control and guilty precaution. This thesis stands in the point of the puzzled question of death caused by escape in theory and practice, and analyses some important questions of it ,in order to help determining and dealing with this kind of cases rightly in judicial practice.This thesis is divided into four chapters.In chapter one, the author clarifies the meaning and fault form of death caused by escape by making a discussion of the intension of law and the fault form about death caused by escape.First, the author discusses the meaning of death caused by escape. There are two standpoints about it. The first opinion means that death caused by escape after the troublemaker causes traffic trouble, it is to say that the injured dies from the lack of timely save. The second opinion means that the meaning of death caused by escape includes two parts, besides the upper situation, it includes the case which the injured died in secondary traffic trouble. After analyzing, the author thinks the meaning of death caused by escape can only be the first situation. It can be proved by article logic and legislative technology.Then the author expounds the fault form of death caused by escape. There are three opinions in theory at present. They are the theory of intention, the theory of negligence, the theory of negligence and indirect intent. The theory of intention obliterates the nature of the crime of causing traffic causalities. It is not desirable. When the indirect intent controls actor, how to make the punishment fit the crime is the dispute focus between the theory of negligence and the theory of negligence and indirect intent. The theory of...