The Discussion Of The Escape Action After The Traffic Accident

Currently, with the fast development of the Chinese economy, the cases of causing traffic casualties in our country have significantly increased. It is necessary to have throughout meticulous research on causing traffic casualties, because it is the most severe one of traffic accident crimes. Moreover, causing traffic casualties and escaping is the controversial and troublesome problem.This thesis consists of five chapters:The first chapter discusses the meaning of causing traffic casualties and escaping in greater depth. The concept and legal nature of causing traffic casualties and escaping is introduced at the beginning. Firstly, the author brings up analytical argument in theories field about the scholars'different definitions of traffic casualties and escaping one by one, then points out the theoretic drawback of《Explanation》3rd stipulation of only linking escaping and evading law liability together, he also clarifies the goal of escaping should be evading salvation obligation combined evading law responsibility, then behavior person who evade salvage obligation or evade law responsibility should be affirmed as escaping. The nature of causing traffic casualties and escaping is nonfeasance in the penal code. Secondly, the author indicates the legal nature of causing traffic casualties and escaping behavior, and points out that if the behavior person escapes after the crime, which cause the victim die, the situation should be treated respectively according to dissimilar circumstance. Escaping behavior is an independent behavior which happens after the traffic accident and it is necessary to set up the standard of penalty measurement. The current criminal law 133rd stipulation only differentiates escape behavior with the escape behavior that causes the death.The second chapter is-the analysis of traffic casualties escaping behavior in both subjective and objective aspects. The author first points out that the legal interest of causing traffic casualties and escaping behavior violating differ from that of causing traffic casualties violating, the latter is about public traffic safety, but the first one is about the particular person (namely the victim of traffic accident's life, health, property of safety and causing traffic casualties law responsibility of in time exactitude affirm with pursue. Secondly, the objective aspect behavior person's escape behavior have to with in advance the behavior constitute t causing traffic casualties for premise, and have a distinction explanation to《explanation》two(six) item Article 2 and the criminal law 133rd stipulation the second phase classification. The author analyses《Road Traffic Safety Method Implement Regulation》and《Explanation》, concerning the inappropriate places about escape corpus, he thinks that, after the behavior person clarifies occurrence of traffic casualties, he (she) should be considered guilty as long as he (she) doesn't perform his obligation but escape, no matter how much responsibility of the behavior person is in the traffic casualties. From the subjective aspect, the author detailed compares intentionally escaping with not intentional ones, in which, the internationally is defined as the behavior person evade pursue of law responsibility and salvage obligation.The third chapter is about escaping that cause death(s) of people. The author first makes a detailed analysis to a few concepts, such as "escape", "person" and "escaping that causes death(s) of people", then he clarifies the meaning of " escaping that causes death(s) of people " and its components, at the end, he enumerates dissimilarity opinion of "escaping that causes death(s) of people " has legal nature in the criminal circle, he also points out wrong standpoints and problems and emphasizes the rationality of " escaping that causes death(s) of people".The forth chapter is the detailed analysis of escaping that causes death(s) of people from the subjective and objective aspects. "Because of escaping causes death(s) of people "Medium "escape" infringing upon causing traffic casualties victim's right of life, is different from causing traffic casualties crime invasion object, also different from pure escape behavior invasion object, then its crime nature is different from that of causing traffic casualties, so it should be considered a crime alone. From the objective aspect, the escaping behavior will be divided into 3 types: 1) traffic accident has never constitute crime, negative or aggressive escape; 2) traffic accident constitutes crime, negative escape; 3) traffic accident constitutes crime, aggressive escape. The author proceed on analyzing respectively and elaborately .The subjective fault aim at the dissimilarity standpoint of theoretical circle which has different attitudes concerning escaping with the result that the person die, and the author thinks that the standpoint of "negligence theory" is reasonable.The fifth chapter is the suggestion of defining causing traffic casualties and escaping as crime by law. The suggestion is established based on previous detailed analysis of escaping. The author first explains the drawback of current stipulation of causing traffic casualties and escaping from different points of view, such as the criminal law tenet, the criminal law principle, judicatory explanation, then he looks for groundwork consideration to causing traffic casualties and escaping behavior independence and the crime turn from these points of view: the necessity standard, the justice standard, the rules and regulations function of the penal code and the justice of the citizen claim. The author also brings examples of lawmaking from other countries for further references, and summarizes the concrete idea of independence the crime.