Research Of Criminal Responsibility On Behavior Of Escape From Traffic Acciden

The rapid development of transport industry and continued increase of automobile have largely improved social development, it also bring many problems with us: frequent happen of Traffic Accident is hugely threatened people's life and property, while the behavior of escape from Traffic Accident make it worse. As a result of it ,1997《Criminal Law》Standard Traffic Escapement as severer condition of Traffic Accident Crime. After that, the Supreme People's Court issued《the Supreme People's Court's Explanation of Application of Criminal Law on Traffic Accident Crime》(We will call it《Explanation》later). However, as the result of unclear on "what is |the behavior of escape from Traffic Accident Crime", there are huge dispute between scholars.In order to analysis "Escape from Traffic Accident Crime systematically, this paper will choose two cases as example, by introducing this two cases and the concerning disagreement engendered during trail, author will expound Escape from Traffic Accident Crime by analysis different opinions. Author also hope that this will be helpful to trail.Part I, Introduction of cases. By introducing the cases of Wu shulin and Wang yanming, and the concerning disagreement engendered during trail, I will analysis why the dispute engender and propose the plan of this paper.Part II, Research on Escape from Traffic Accident Crime. By elaborate different opinion on concept of Escape from Traffic Accident Crime, I will explore the original intention of Criminal Law. After that, I will analysis the behavior of Escape from Traffic Accident Crime on structural and evaluate the behavior.Part III, Research on die because of Escape from Traffic Accident. By combine different opinion on this problem, I will analysis objective and subjective character of die because of Escape from Traffic Accident, the focus is the casual relationship between death and escapement and it's subjective false. At last I will evaluate this problem.Part IV, cases' analysis. According to the conclusion of Part II & Part III, I will analysis and quality the behavior of delinquent. This part is the retest of theory.