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The Meanings Of "Criminal Escaping Behavior" In Traffic Accident Cases

Posted on:2008-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:L Y GuFull Text:PDF
GTID:2166360245463870Subject:Law
Abstract/Summary:PDF Full Text Request
According to Chinese Crime Code and some judicial rules by Chinese Supreme Court, there are four different "criminal escaping behaviors" in the crime of traffic accident, which are "escaping behavior" of essential crime, "escaping behavior" of additional penalty by detail happenings, victim's death due to defendant's "escaping behavior" and "escaping behavior" in co-defendant cases, and such four different "escaping behaviors" are the core of the paper. The paper-writer makes a deep critical analysis on the Crime Code and interrelated judicial criterion, so may do some benefit to amend the Code and reform Criminal justice.The paper is consisted of five parts. In part I, current rules and some reforming advice of "criminal escaping behaviors" of essential crime are illustrated especially. In part II, the writer also study on legislation status quo, some faults of Crime Code and definition of additional penalty for "escaping behavior" in the crime. In part IH, the paper-proposer pays much attention on criminal intention, true meanings and some errors in legislation, especially in victim's death due to defendant's "escaping behavior". In part four, the writer discuss complicity in traffic accident, which is the true meaning of "abetting others to escape"? In part V, the author brings forward her own idea of drawing a new crime, "escaping behavior" by co-defendants which results in victim's death.
Keywords/Search Tags:crime of traffic-making, escaping behavior, death due to escaping behavior
PDF Full Text Request
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