| The traffic accident crime is a commonly and frequently committed crime, it is even entitled"the king of the involuntary crime", while in resent years, it is increasingly discovered that the drivers mostly escape from the spot after committing the crime. But as in China, at present, the cases are mainly tried in accordance with the clauses on Traffic crime in article 133 in the Criminal Law, as well as the"Notice on stringent Trying Traffic crime by Law"issued by the Supreme People's Court and the Supreme People's Procuratorate, and the"Interpretation regarding the application of law on trying Traffic crime"issued by Supreme People's Court。The contradictions are existed among the frequency and complexity of the crime, with the simplicity of the laws and judicial interpretations, which arouses continual arguments. Therefore, it becomes obviously significant to define and indentify the acts reus of Traffic crimeThe Traffic accident crime committed by Jin in this article is a typical complex case, this paper intends to analyse the focus of argument on the case in law theory, in order to differ the death caused by escaping of the criminal, from the intentional homocide, and get into a conclusion on the whole case furthermore.The article has six parts , about 18000 characters mark.Part I , brief. The Traffic accident crime committed by JinPart II , case. The thesis has introduced Certain person called Jin the escape from traffic accident development process detailedly.Part III , the focus of argument on the case. This case belongs to escape from traffic accident kind law case, according to the laws and judicial interpretations, The escape from traffic accident causes person dying except being able to compose traffic accident crime , also can compose crime of intentional homicide, the focus of the case is mainly laid on the differences between the Traffic accident crime and intentional homicide.Part IV , dispute and divergent idea. In this case, procuratorate is charged with traffic accident crime and crime of intentional homicide combined punishment for several offenses, the defender pleads in order to composing traffic accident crime only, but, the court carries out court decision also with traffic accident crime.Part V , the theoretical analisis. First, the fundamental formation of the traffic accident crime are analytical. Second, making an explanation pointing out a judiciary making an explanation to escape from traffic accident behavior is both no all-round and excessively simple.In accord to making sure the science implication must need to know the purpose of Corporal punishment in setting up escape after traffic accident, Be to press the traffic accident behavior people to be able to salvage the victim especially actively, as far as possible cut down the loss bringing about because of traffic accident, not only being that the behavior people accepts a law's on self's own initiative. Therefore, meaning "escape from traffic accident behavior " ought to be a finger, the traffic accident behavior i in being fully aware of the condition that accident happened, can fulfill the duty salvaging wound person's but not having fulfilled, or Behavior possibly being not to give an alarm , firmly believe that as well as evading road accident responsibility the behavior not keeping intact the scene of a crime in order to evade the law investigating. Finally, the thesis has analysed the connotation " Death caused by Escape acts"and the difference between Death caused by Escape acts and intentional homicide. Point out a judiciary making an explanation although being able to unite the boundary guiding " Death caused by Escape acts" stablely, but do not have defined the Subjective fault ,thereby easy to arouse dispute."Comment on intentionally","Fault is deliberately indirect theory concurrently"both have defects. That only originating from the fault mentality , can the behavior insist that the corporal punishment term explains consistent principle , traffic accident crime on Involuntary crime principle...
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