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Research On The Issues About Escape Behavior Of Causing Traffic Accidents

Posted on:2007-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:J G FengFull Text:PDF
GTID:2166360185957500Subject:Law
Abstract/Summary:PDF Full Text Request
Statistics in recent years show that the death toll because of traffic accidents in our country is increasing by over one hundred thousand every year and the economic loss is also amazing. Our country has entered the stage of high occurrence of traffic accidents now. Aimed at decreasing the loss of the country and people which are brought about by traffic accidents, the new criminal law pays special attention to the crime of causing traffic trouble, especially giving explicit and concrete regulations for escape behavior of traffic accidents, aggravating the sentencing range for escape behavior and increasing its striking force, therefore decrease the occurrence of escape behavior by the highest limitation.The so-called escape behavior is written language of "escape", it means escape or leave from the unfavorable situation. As a specific case, escape behavior in traffic accident means the perpetrator escape to avoiding legal responsibility without fulfilling the obligation of rescue the injured when he obviously knowing the accidents have occurred, or although fulfilled the rescue obligation, still escape to avoiding legal action.In traffic accident escape behavior, the objective and subjective are consistent, that is the perpetrator not only have escaping behavior as objective external behavior, at the same time, he has the deliberate intention of escape when he knowing about the occurance of the traffic accident.First, although traffic accident criminal is fault, but after the escape act on the traffic accident, the escape act was deliberately subjective. The perpetrator was aware of the traffic accidents, and failure to comply with statutory protection scene, rescue the wounded, wait for the police, but escaped.Secondly, the traffic accident escape behavior objectively acted as escape, fled away. Traffic accident escape behavior mainly is fled away from the accident site without rescue the victim. But escape is not limited to escape from the accident site, also include transferred the victim to somewhere else then fled away, this is also the establishment of escape.
Keywords/Search Tags:Accidents
PDF Full Text Request
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