Research On Correlative Issues Of Escape After Committing Traffic Accident Crime

As one of the greatest invention in the 19th century, automobile has improved our life dramatically since the day it was invented. Undoubtedly, the rapid development of transportation has given great power to the progress of social economy and human civilization. However, with the wheels spinning fast, the annual amount of traffic accidents has increased at an unbelievable rate, which brings tremendous misery to our life. The escape after committing traffic accident crime has been a potential factor which leads to the unstable situation in society. In order to give more severe punishment on escape after the traffic accident, the Chinese legislator defines the escape behavior as a condition for upgrade punishment in 1997. Later on, the Supreme Court in China makes a judicial explanation on November 15th in 2000 for further explanation (Explanation in 2000 for short) on escape after committing traffic accident crime. However, because of the defect of the legislation on traffic accident crime, there has been a heated discussion on escape after committing traffic accident crime all the time. Therefore, it is of great importance to make a research on escape after committing traffic accident crime to provide a guarantee on judicial activities in China.This paper consists of five parts. Beginning with the current escape after committing traffic accident crime legislation situation in China and abroad, it makes a detailed analysis and discussion on the constitution of escape after committing traffic accident crime and the death caused by escape. And this paper also makes a research on the joint offense issues of escape after committing traffic accident crime. At the last part of the paper, the author makes a review on the legislation and judicial explanation of escape after committing traffic accident crime, and puts forward some improvement suggestion on the problems existing in them.In the first part of the paper, a brief introduction is made on the legislation of escape after committing traffic accident crime both home and abroad. In the introduction of the Chinese legislation on the escape, the author makes a comparison between the 1977 Criminal Law and the 1997 Criminal Law. Afterwards, the author makes a simple analysis on the progress of escape after committing traffic accident crime legislation. In the following part, a brief introduction to the escape after committing traffic accident crime legislation in Hong Kong, Macau, Taiwan and other countries. And the author makes a summary of the distinguish characters of their legislation.The second part of the paper is on the constitution of escape after committing traffic accident crime. Since there is no agreement on the identification of the escape in theory, the author makes a simple summary of the different definitions on the escape after committing traffic accident crime in the beginning. And the author makes an analysis of the differences and defect of those definitions. Then, an explanation and a discussion are made on the constitution of escape after committing traffic accident crime from the subjective aspect and the objective aspect. The discussion focuses on the following issues:whether it is necessary for the accident maker to bear a clear acknowledge of the accident, whether it is necessary for the accident maker to escape on the purpose of avoiding judicial obligation, the obligation of the accident maker, whether it is necessary for the accident maker to escape from crime scene and so on.In the third part of the paper, the author makes a research on the meaning and the constitution of the death caused by escape after committing traffic accident crime which of Criminal Law Article 133. In the part of the basic meaning, the author makes a definition of the victim. In the part of the constitution, the author makes an analysis on the constitution of the death caused by escaping after committing traffic accident crime from the subjective aspect and the objective aspect. As to the objective aspect of the death caused by escape, the author makes a detailed study on the causality between the escape and the death of the victim. The subjective aspect of the death caused by escape is the key issue of this part. Based on the four different kinds of subjective aspect of crime, the author discusses respectively on their position in the constitution of the death caused by escaping after committing traffic accident crime from the angle of fact and law.The forth part of the paper focus on the joint crime of the escape after committing traffic accident crime. The joint crime of the escape has been of controversy in Chinese criminal law theory field. In this part, the author makes a research on whether there can be a possibility for joint crime existing in the traffic accident crime. Then, in the following part, the author discusses the issues that whether the joint crime can exist in escape on purpose and the abandoning and hiding the victim. In the discussion, the author makes an analysis on the 2000 Explanation Article 5, and points out the reason why there has been a heated disagreement academically. The last part of this paper is the review of the current legislation and judicial explanation of escape after committing traffic accident crime. In the progress of review, the author points out the defects of the legislation and judicial explanation, and brings forwards the improvement suggestion on them.