Research On Behavior Of Causing Traffic Accidents

In recent years, with the rapid development of China's automobile industry and the improvement of the people's living standards, automobile saturation quantity has being increased. As a result, traffic disturbance cases occur frequently, which has been a serious threat to people's lives, health and property. At the same time, causing traffic casualties and escape cases increase rapidly. Traffic deaths toll showed an increasing tendency. The rights and interests of victims can not be protected. In many traffic accidents, some are caused by the poor road condition and the laggard technical management level. But the main reasons are driver's low safety consciousness and peccancy driving. With the increase of traffic accidents, escaping behavior after causing a traffic accident has been more serious, which has brought unstable factors to the society. It's necessary to make a further study on escaping behavior after causing a traffic accident, especially on the prevention and punishment of escape case. The traffic disturbance cases are dealt with according to article 133 of the Criminal Law,"announce on handling traffic disturbance cases strictly according to the law"issued by The Supreme People's Court and the Supreme People's Procuratorate in 1987 and announce according to he Supreme People's Court in 2000 " about hearing traffic disturbance case applicable law the explanation of a certain number of problems " . Because the legislation are not perfect and traffic disturbance cases are complicated. In the theory study and judicial practice, there are some problems that are not allowed to be neglected. This paper discusses death caused by escape in crime of causing traffic casualties, the joint crime in escape and reflection on escape. By means of the analysis of theory, this paper can be a theoretical reference for this kind of case, which is divided 4 chapters and contains 20,000 characters.Chapter 1 gives a general idea about escaping behavior after causing a traffic accident.First, the definition about escaping behavior after causing a traffic accident is given, by contrasting some ideas in the academic community, which shall be defined as the behavior that the actor knows a traffic accident happens who can fulfill the obligation but will not, or to evade the law, the actor doesn't protect the spot, doesn't call the police and dodges a accidental duty.Secondly, the writer discusses the motives about escaping behavior after causing a traffic accident. The actor evades a responsibility, obligation and the law. Through the analytical and synthetical judgments about the time, the scene, the road condition of the accident, the actor and the general experience, we decide if it's escaping behavior after causing a traffic accident.Thirdly, it's about the character of escaping behavior after causing a traffic accident. The actor shows a total disregard for the injured on the spot.Fourthly, it's about the criminal law assessment about escaping behavior after causing a traffic accident. Through the criminal law and judicial interpretation, it's reasonable to be plot of penalty measurement as well as the plot of conviction.Chapter 2 discusses death caused by escape in crimes of causing traffic casualties.First, it's about the definition about death caused by escape in crimes of causing traffic casualties. From the theoretical analysis of criminal activities and basic principles in the criminal law, the writer shows the crucial element in death caused by escape in crimes of causing traffic casualties.Secondly, the range of person in death caused by escape in crimes of causing traffic casualties. From legislation, the writer defines the range of person in death caused by escape in crimes of causing traffic casualties.Thirdly, the subjective crime mode in death caused by escape in crimes of causing traffic casualties. The writer believes that death caused by escape in crimes of causing traffic casualties should be limited in liability of fault.Fourthly, the legal nature of death caused by escape in crimes of causing traffic casualties. It's important in the study on criminal law as well as difficult in dealing with traffic accident. Through the analysis, the writer approves that the legal nature should be the plot and aggregated consequential offence.Fifthly, the paper discusses some related problems about intentional homicide converted by death caused by escape in crimes of causing traffic casualties. The writer believes that the emphasis should be put on the changes of the escaper's mentality.Chapter 3 is about the joint crime in escaping behavior after causing a traffic accident.First, joint crime is a special morphology. Article 5, paragraph 2 of the announce given by The Supreme People's Court in 2000 puts forward that as fault crime, crimes of causing traffic casualties should be joint crime, which causes a hate debate on the joint crime in escape in crimes of causing traffic casualties. Secondly, it's about the problems exiting in the announce. It's inconsistent with the theoretical analysis of criminal activities.Thirdly, it's about the comment on the abetting escapement. Through the former analysis, abetting escapement is on purpose subjectively and instigates not fulfill the obligation. So, there is the relation between abetting, escapement and the death of the victims. Therefore, in article 5, paragraph 2, it's unreasonable to define abetting as the joint crime in escaping behavior after causing a traffic accident.Chapter 4 is about the ideas on the escaping behavior after causing a traffic accident.First, the weakness in the current law: stating traffic accident and escaping behavior after causing a traffic accident in the same article, the lack of escapement's single accusation, not conforming to the principles of crime, not satisfying the international rules of legislation articles.Secondly, escaping behavior after causing a traffic accident should be convict. Because the victims and the reasons of escapement preserve their own independence, it can be evaluated independently. Therefore, escaping behavior after causing a traffic accident should be a new crime and the essence of it is that the actor doesn't fulfill the obligation. Escaping behavior after causing a traffic accident should not be considered as one plot of traffic accident, but is a intentional crime that has the relation with traffic accident.