Discussions On How To Improve The Criminal Legislation For The Action Of Running Away After Causing The Traffic Accident

The traffic safety situation is very austere in China. The action of running away after causing traffic accident is a key problem to be discussed in theory field in the past several years. This article focuses on the road traffic, newly defines the action of running away after causing traffic accident, advise to independently evaluate the action in criminal legislation. After introducing the experience of criminal legislation for the running away after causing traffic accident at home and abroad and on the theory base of the current proposals on the running away after causing traffic accident in China, this article supplies the improving proposals to amend the current criminal legislation for the traffic accident criminal, add the criminal for deliberately running away after causing traffic accident, and the criminal for faultily running away after causing traffic accident.The article consists of five parts, e.g. Introduction, The definition on the action of running away after causing traffic accident, The necessity of independent crimination on the action of running away after causing traffic accident, How to improve the criminal legislation for the action of running away after causing traffic accident, The conclusions, etc.The introduction part emphasizes on austere situation of the road traffic safety in China, points out to focus on the traffic safety, analyses the traffic accident crime and the rationality for the action of running away after causing traffic accident.In the definition part on the action of running away after causing traffic accident, this article demonstrates the inaccurate definition on the action in Chinese theory from the viewpoints of the classification criteria for road traffic accidents, the actor's obligations in the law after the traffic accidents happen, the scope of the escaper running away after causing traffic accident, the escaper's attitudes and their purposes to escape, etc. and also brings forward different definitions on the action of running away after causing traffic accident from the viewpoints of both common ideas and criminal law.In necessity part of independently crimination on the action of running away after causing traffic accident, the article shows the action heavily imperils the society, advises to independently evaluate the action of running away as the conviction part in criminal law, then focuses on discussing the deficiency of the relevant clauses in the current criminal law in China.In the part of how to improve the criminal legislation for the action of running away after causing traffic accident, this article introduces the experience in criminal legislation from foreign countries and the opinions to improve the main legislation in China, advises to amend the No. 133 clauses in Chinese criminal law, analyses the proposals and the reasons to add the criminal for deliberately running away after causing traffic accident, and the criminal for faultily running away after causing traffic accident, also discusses how to more efficiently prevent from and penalize the criminal of running away after causing traffic accident.The short conclusion part emphasizes again the intentions and significance of this article.