| The determination and the treatment of the death resulted from escaping after causing traffic trouble is one of focal issues, which has been given attention by theoretical circles and the practical circles after renewing penal code 1979. The death resulted from escaping refers to the situation that after traffic accident, the doer escapes in order to evade legal investigation, causing death of the victim for want of timely salvation. 3 offense units regarding to traffic accident are established in the 133rd clause of in-force Criminal Law, which makes plot of penalty measurement clear: the first is that people who commit traffic accident should be sentenced imprisonment under 3 years or restraint in prison; the second is that people who escape after causing transport and communication troubles should be sentenced imprisonment more than 3 years and less than 7 years; the third is that people who commit the death resulted from escaping should be sentenced imprisonment above 7 years. After traffic accident is added in the revised Criminal Law, the death resulted from escaping is not concocted without foundation, which reflects actual necessity of fighting against such kind of offense in judicial practices. From the investigation result of traffic accident, we can see that, after causing traffic accident by running into people, a certain number of peace-breaking drivers drive away regardless of life and death of the victim so as to evade offense responsibility without discovery, causing death of the victim for want of timely treatment, which leads to further expansion of harmful consequences and brings considerable trouble to investigation work of Ministry of Public Security and the traffic police. The provision that people who commit the death resulted from escaping should be sentenced imprisonment above 7 years emerges under such circumstance. The author adopts classified proof to discuss sphere of man in cases of the death resulted from escaping, the first part refers to offense form possessed by the doer of the death resulted from escaping after causing traffic trouble, firstly pointing out 3 viewpoints of offense problems about the death resulted from escaping in academic circles: deliberation theory, fault and deliberation theory and fault theory, and the author, through analyzing and comprehending these 3 opinions one by one, indicates deficiency of them and puts forward his own viewpoints and understandings. In the second part, the author discusses legal characteristic of the death resulted from escaping. There are 3 kinds of opinions about it in theory circle, one is theory of worse consequence offense, one is theory of worse plot offense, and another one is theory of independent accusation. The author emphasizes on analyzing difference between theory of worse plot offense and theory of worse consequence offense, which mainly lies in the fact that the former is a comprehensive index, subjective (for example offense motive, offense purpose) or objective (for example subjective status of the doer), while the latter can be just objective; when basic offense is fault, the worse consequence in worse consequence offense can only be fault, while worse plot offense is different, if basic criminal behavior is fault, the worse plot can be fault or deliberation. The death resulted from escaping puts an emphasis on reason of death instead of the dead result, thus, the author agrees with theory of worse plot offense. In the third part, the author points out the applicable sphere of the death resulted from escaping. And the author expounds his viewpoint by analyzing opinions of academic circles, and indicates exceptional plot of criterion to affirming traffic accident the death resulted from escaping at the same time. The author thinks 6 kinds of situations can not be regarded as the death resulted from escaping: 1. pretending rescue, 2. migrating or hiding the victim, 3. dragging the victim to death after traffic accident, 4. murdering the victim deliberately, 5. causing traffic accident again in process of hitting and running, causing death by fault, 6. driving dangerously in process of hitting and running, causing death by dashing vehicles and pedestrians. While expositing these 6 exceptional situations in detail, the author analyzes offense frequency of the death resulted from escaping after causing traffic trouble, in this part, genuine non-action offense and non-genuine non-action offense are theoretically analyzed in Criminal Law. The author thinks that the conductive obligation of advanced behavior only directs at non-genuine non-action offense. The advanced behavior is not only basis and source of the particular obligation under charge of the doer, but also the precondition for the doer to establish non-genuine non-action offense. However, the advanced behavior doesn't conclude criminal behavior; otherwise, a certain offense would be taken as another advanced behavior of non-genuine non-action offense and reevaluated, which obviously violates fundamental principle of reevaluation prohibited by Criminal Law. In the fourth part, the author discusses boundary between offense of endangering public security by dangerous ways and the death resulted from escaping after traffic accident. In this part, what offense of endangering public security by dangerous ways are pointed out by the author in the first place, which is often hard to be distinguished from the death which is resulted from escaping after causing traffic trouble in judicial practices; nevertheless, the author thinks that the obvious difference between the two lies in subjective difference, or rather, whether it is in state of indulgence subjectively. The probably-caused harmful consequence in state of indulgence subjectively should be defined as indirectly deliberate offense and convicted as offense of endangering public security by dangerous ways. Traffic accident is registered as fault in subjective aspect; offense of endangering public security by driving to hitting people is registered as deliberation subjectively. The second is difference in objective aspect. In objective aspect, traffic accident requests that violating behavior of the doer can be convicted offense under prerequisite of serious legal consequence. If the doer stops immediately only after causing trouble and doesn't continue to dash anything, he should be convicted faulty state subjectively. The author analyzes difference between the two offenses in detail by enumerating two cases. In the fifth part, the author discusses penalty measurement of traffic accident the death resulted from escaping. Combined with penalty measurement of 3 grades stipulated by the 133rd clause in Criminal Law, we can see that escaping behavior indeed exists in the first grade penalty measurement, thus, escaping of the doer after causing traffic accident can only apply the second grade and the third grade penalty measurement of worse legal punishment in light of different escaping consequences in judicial practices. The second grade penalty measurement stipulated by the 133rd clause in Criminal Law is: people who escape after causing transport and communication troubles or commit other particularly vile plots should be sentenced imprisonment between 3 and 7 years. Escaping after causing transport and communication troubles here refers that the situation that the doer violates administrative legislation of transport and communication and causes great traffic accident, which corresponds with one of the situations stipulated by the first grade penalty measurement and behavior of escaping in order to evade legal investigation, is principal performance of particularly serious plot. In provision of An Explanation about Several Problems on Hearing Specific Applicable Law of Traffic Accident Penal Cases by the Supreme Court, the particularly serious plot mainly stipulates 3 points, first, causing more than 2 people dead or above 5 people seriously injured, taking whole or major responsibility for the accident; second, causing more than 6 people dead, taking same responsibility for the accident; third, causing direct losses of public property or others'property, taking whole or major responsibility for the accident, being incapable of compensating more than RMB 600 thousand. After analyzing penalty measurement grade, the author expounds 5 situations of applying the death resulted from escaping crucifixion, and perfects crime of traffic accident theoretically.
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