The Research On Causing Traffic Casualties And Escaping

In recent years, the cases of causing traffic casualties and escaping in our country have significantly rised. Facing the complexity of this crime with high occurred rate, the writer proceeded relevant research as to it's related problem.This text is divided into five chapters. In chapter 1 about all saying of causing traffic casualties and escaping,the writer simply said the meaning of causing traffic casualties and escaping totally at first and proceeded the treatise about it's important constructive conditions to be compared with the crime of causing traffic casualties,then pointed out the key of affirming causing traffic casualties and escaping. Then the writer simply said the meaning of escape with the result that the person dies,and affirming it should notice that it must have causality between the behavior of escape and the result of death and that the behavior person holds mistake attitude to the result of death etc..In chapter 2 about the objective aspect analysis, the writer firstly carried on analytical argument one by one about the different standpoints in theories field about the time and occasion of causing traffic casualties and escaping ,and clarified that escape is for the sake of evading legal sanction ,negated the standpoint that the behavior of escape should be limited by escaping the trouble spot only.The next in order, the writer analyzed that escape will cause the result of endanger further extended and more scathing punishment of penalty etc..Again, the writer made sure that the"person"who died because of escape should be limited by the person who was injured by bumping before the behavior person escaped.In chapter 3 about the subjective aspect analysis, the writer firstly proceeded the analysis and argument one by one about the different standpoints of the purpose of causing traffic casualties and escaping in theories field ,and clarified that the purpose of escape was for the sake of evading the law's pursuit. Next, the writer analyzed that the behavior's subjective mentality state to the death of victim after causing traffic casualties and escaping. About the affirmation of the behavior's subjective mentality state when the escape results in the victim's death , the writer thought that it should be limited by mistake only after detailed analyzing and discussing different standpoints in theories field , and clarified the reason.In chapter 4 about the qualitative research , the writer firstly analyzed the talk point of listing causing traffic casualties and escaping single offense,then put forward the opinion that there is unnecessary to single the row.We can apply the relevant provision of the penal code according to different circumstances. Secondly, the writer expatiated that the behavior of causing traffic casualties could be an action in advance causing particular law obligation under the certain condition. Causing traffic casualties and escaping belongs to nonfeasance in the penal code, the writer thought that it could constitute the crime of nonfeasance after analyzing the subjective mentality state of the person who fled. Then aiming at the complex circumstances of causing traffic casualties and escaping with the result that the person dies,the writer proceeded the qualitative analysis one by one and put forward opinions of the punishment after the writer simply enumerated some related situation that might appear.In chapter 5 about the related problem study, the writer firstly proceeded the research of surrender to justice inside the crime of causing traffic casualties, clarified the standpoint that two circumstances in practice should both be affirmed as surrender to justice,demonstrated the rationality about applying the system of surrender to justice to the crime of causing traffic casualties. Then aiming at the accomplice problem about the crime of causing traffic casualties, the writer affirmed the positive meaning of the theory of mistake accomplice , expressed that the director would constitute accomplice of the crime of causing traffic casualties when director and peacebreaker are both defect crime.We should settle the quality differently according to the form of different fault when their subjective mentality state are not identical.