A Study On Escape

The traffic offence first belongs to the crime of business mistake and comes from Industrial Revolution. More frequently the type of case occurs, more saddened the accident exhibits, make the legislation also pays more and more attention to.Transportation cause oneself already make person grieved, but escape can't be tolerant of conscience and law yet.Escape which had not been involved in penal code being enacted in 1979,was prescribed definitely in judicial interpretations, to be brought into the rules and regulations that the scope is subjected to penal law ,being obligated by penal law.However, the reality always continuously changes of, because of the problem of legislation technical and the confusion of theories,judicial interpretations has antinomies layer after layer in the fulfillment application.The articles on escaping from traffic accident can be found everywhere, but very obviously are not half changed,in the frame of current legislation . Actually, jural development must be that penal theories direct the judicatory practice and penal theories be developped by the judicatory practice .So, it's much necessarily that to open out the original appearance of the escape behavior ,carry on a thorough research and re- clarify towards escape behaviorally of current legislation and penal law essence.In this paper, in addition to the introduction and conclusion, is divided into four parts:Part I: Traffic crimes outlined. Traffic causing trouble is an indispensable part of the stage and the prerequisite and basis to discuss the establishment of the crime of escape. The part mainly discusses the evolution of the traffic offence since the establishment of the new china and it's concept and composing to explore the track of the development of escaping from the traffic accident.Part II: The basic problems of escaping. The part firstly discusses the essence of escaping in criminal law ,which is disscussed as what it should be. Developping the behavior theory of the criminal system of the continental law system and China's criminal system can not be separated from the restraint of their respective criminal systems. China's harm,criminal acts not only focus on the concept of criminal law norms, but also a serious social harm. Escaping has brought irreparable loss to individuals, groups and the state,regulated by the criminal law system, has recently become a popular concern about the harm acts.Then the criminal nature of escaping and the relation between traffic offence and escaping were discussed,as a behavior,escaping is an act with a positive physical movement, in violation of the norms which criminal law forbids. Escaping is independent, but closely linked with acts of the traffic offence. Furthermore,start with the definition of various viewpoints about the definite of escaping, sum up their bone of contention, finally fled to the traffic accident that the three points, that is involved traffic accident is the prerequisite, avoiding legal proceedings is Its subjective purpose and fleeing the scene of the accident is an objective demand of the escape.Part III: The application of escaping in the existing legal provisions. Let me expatiat on two levels. The first level is about the application,analysised on the basic of what it is. In China's Criminal Law and the relevant judicial interpretations there is four escaping: First, not according with the basic important document of the Penal Code section 133, but to evade legal proceedings and leave the scene of the accident, should be punished in accordance with article 133 of the Penal Code, also known as "constitute elements of" Escaping.Second,is that what the second layer of the penal code Article 133 shows, escaping from the scene of the accident after the traffic offence.Third,is death caused by escape,which is the third layer of the the Penal Code section 133. it is a application in the result sense and in theory has quite a lot of discussion, so it will be conducted and elaborated on the structure and mentality by this paper.Fourth is to direct to escape,which is prescribed in judicial interpretations by The Supreme People's Court in 2000.The second level is about to give oneself up to justice after escape.There is a obviously demarcation line between giving oneself up to justice after escape and to maintain what is escape yet.Partâ…£:Consideration about the improvement of the escape's theroy and legislation.There are two problems being discussed:First,enrich the aggravating foundation of aggravating theory,add a new aggravating type,to adapt the complicated structure in Article 133 of The Criminal Law;Second, consider to set up the legal condition of escaping from the scene of an accident,to solve the problems having been disputed in theory and practice.