On Escape Behavior Of The Traffic Accident

With the economic development in recent years, transportation become more prosperous, the incidence of traffic accidents increased sharply, while the traffic accident in the frequency of the escape behavior to traffic accident victims and the relevant department does great harm to Traffic Accident behavior to be made the focus of attention, and how to conduct qualitative hit and run traffic to better regulation, and thus achieve better escaping act against the purpose of the focus has become the focal point. However, our existing criminal legislation and judicial interpretation on the provisions of Traffic Accident behavior, not only flawed and contradictory aspects of existence, resulting in judicial practice appears inconsistent characterization of the types of cases, sentencing is not uniform, the law applicable to chaos, improper handling of the situation, and therefore deduce a number of issues to be explored, caused criminal theories and judicial practice on the escaping behavior of a number of complaints, coupled with hitting and running traffic act of serious social harm, and the complexity of the act, makes the behavior of the Traffic Accident-depth study of issues related to a criminal Legislation and judicial activities necessary requirement for the smooth. Traffic accident on the analysis of behavior needs to be cautious to not only necessary to integrate the facts of the case, they need to respect the basic theory of criminal law in order to escape the traffic accident there is a reasonable and scientific conduct qualitative, thus further improving the legislation, much work to do. I will mainly discourse on transport accident and escaping behavior of the transport, on the criminal theories and practitioners controversial issues relevant statements to organize, and make my own view finally.I review that the meaning of escaping behavior, its qualitative nature, the sense of escaping acts such as the scope of escaping ,and so on,the questions above are the most important issues. Therefore, I discusse these issues mainly in my thesis ,Basing on the Traffic Accident Legislation behavior.In the introduction, through a series of statistics I show the existence of hit and run behavior of the grim situation and its great social harm, and illustrate the need for escaping behavior, in which I also outline some of the Criminal Law theory and judicial practices of the Traffic Accident arguments summarized the focus of controversy, in order for the stance, as discussed below, to start laying the basis of my point.The first part of the article, I expound the legislation of traffic accident at home and abroad, and through the analysis of various legislative provisions and comparing, a brief analysis and evaluation of the different national legislation for the transport behavior of convicted hit and run sentencing on the distribution and rational functions, and on this basis, the speech summed up the legislative and judicial interpretation of traffic accident on the relevant provisions of escape behavior problems.In the second chapter, basing on the research results in order to conduct accurate positioning at the core of hit and run, respectively, I set forth the meaning of traffic Accident, ,the nature of escaping behavior, in order to defined the nature of escaping behavior, I review that escaping behavior is independent from traffic accident .Although the escape behavior of the performance of the active flight, behavior has not fulfilled his statutory obligations as the nature of the acts for non-essential. Basing on the second chapter, the third chapter, I explain into the crime of hit and run individual rationality furtherly, in order to conduct an independent traffic hit and run conviction of legislative proposals.In the third chapter, according to the second part of the definition of escaping behavior, I expound the traffic accident in various constituent elements in order to escape from the traffic accident the objective aspects of behavior, subjective , subject, object to identify the crime of hit-and-run, and some of the arguments are analyzed and defined.In the fourth chapter, I made some suggests about hit-and-run crimes and criminal liability. Drawing on the foreign legislation relating to the provisions of hit-and-run behavior, I review that the meaning of traffic accident counts in the Criminal Code should be described as acts like that : A person who knowingly involved in a traffic accident after the control of the relevant authorities before, although not the perpetrators escape or escape but refused to rescue the injured person and property, or a simulated scene, destroying evidence. Finally, according to one of the basic principles of criminal responsibility and punishment fit the principle of establishing the crime of hit and run traffic sentencing standards.In short, I review that the escaping behavior after the traffic accident in the positioning of the Criminal Law can not be simply defined as the behavior of the Crime of punishment fits the crime, but should be a separate evaluation of the behavior in order to regulate, punish and restraint escaping behavior,and enhance awareness of traffic participants.