Analysis On Judicial Questions Of "Escape From Traffic Casualties' Scene"

In the process of transportation, often seen traffic offenders escape from on-the-spot after traffic accident. This kind of crime seriously offend people human and property rights and interests, and also bring difficulties to the judicial organs for investigation this kind of crime. In order to punish this kind of crime exactly and effectively,"escape from on-the-spot"and"escape from on-the-spot result in the wounded's death"are separately stipulated as more serious plot of traffic crime in current criminal law. According to《The explanation about judging criminal case of traffic casualties》by the Supreme Court of China in 2000(below in brief called《explanation》) ,the real meaning and practical judging of two plots above are more clearly regulated. However, there also exists many difficulties for judging criminal case of traffic casualties because of too simple legislation and defect of the《explanation》.Therefore, it is very actually important to examine action of escape from traffic casualties for the consummation of legislation and practical judging.This article departs into three parts. The author analyzes the disputed question according to the current criminal policy.The first part concerns how to comprehend and judicial judge"escape from traffic casualties scene". The author discuss that if the confine stipulation to"escape"is reasonable in the《explanation》. The author thinks that it is not reasonable to restrict the"escape"in the range of"escape from judicial punishment", the real meaning of legislation is urging the offender to perform duty of saving the wounded.The second part concerns the legal analysis of"escape from on-the-spot result in the wounded's death". The author thinks that the expression of current legislation exists defects. The real cause of death is the offender's action of no help and saving, not due to the escaping. Simultaneously, the author thinks that the offender's subjective fault to the result of death is intentionally connive. The legislation shouldn't judge this kind of action as the subjective fault in the crime of traffic accident crime.The third part concerns practical judging of self-plead guilty in traffic accident crime. There exists possibility of self-plead guilty in any stage of traffic accident. Saving the wounded, keeping on-the-spot, requesting police without delay, waiting for investigation or escape from traffic casualties scene but initiatively surrender to judicial organ, all can regard as self-plead guilty. That is the most effective and valuable remedy measure.