On Legal Issues About Traffic Accident Crime

Since the reform and opening in China with the development of economy, the transportation is rapidly developing, with hit-and-run cases, brings to the society, the enormous damage constitutive elements of rising also become more common sex crimes. Among them, traffic escapes case only disrupted transportation safety order, but also seriously violated the victim's health and safety; it is at present in the case of a hit-and-run letter to solve problems. In order to reduce the escape behavior and stop, China's present criminal law will escape behavior and escape death because of the regulation for the traffic offences aggravating punishment plot, the supreme people's court on the trial of criminal cases of traffic accident on the concrete application of law in the interpretations of the "(hereinafter referred to as the" explanation ") is to escape the specific problem. Although more legislative and judicial interpretation for handling of traffic escapes behavior provides the theory and practice, but this theory and the judicial practice department, still have different opinions in the judicial activities caused many difficult problems to solve. Based on theory and practice, with the principle of combining of traffic offences of for the line, and the junction of the relevant provisions in the "explanation", constitutive elements of a crime "escape" elements, and some problems related to the judicial cognizance, traffic offences aspects of comprehensive investigation and analysis, on the basis of current research achievements, and proposed some ideas and Suggestions. This text is divided into four parts:The first part is traffic offences. Through the interpretation of constitutive elements of a crime, points out that constitute traffic offences, whether in the objective aspects should determine whether or not a violation of transportation management behavior of serious traffic accident happen, whether the result, in violation of the regulations on the administration of transportation between behavior and harmful results are causality, In the body, the body is generally traffic offences, namely in the social public traffic tools and various places of traffic violation can transport management regulations, cause serious traffic accident, criminal liability and criminal liability age, But do not include engaged in business and a significant flight accidents, railway operation safety accident of aviation, railways. Then, the paper simply combed the relevant legislation of traffic offences and relevant judicial explanation, the provisions in China in the traffic offences proof of the legislation of constant improvement. The second part is concerned with "escape" several problems, this paper is one of the key contents. This paper firstly traffic escapes behavior, this paper define that traffic offences after escaping refers to the person that has happened to fulfill the traffic accident, but not the obligation to rescue victims or the victim assistance to obligation, but in order to avoid law and escape behavior. Then elaborates hit-and-run after escaping behavior cognizance question, this paper argues that must have three conditions, one is the traffic capacity to escape the offender previously hit-and-run behavior traffic offences premise, The person must be knowingly subjectively, there was a traffic accident, Three is the objective aspect must implement the obligations or escape from aid based on the motivation of law of flight. Secondly, to escape death caused by the connotation, this paper argues that, due to escape death means in the traffic accident, wrecker, but not timely rescue victims fled the scene, causes the victim was inferior sometimes death. And then expounds its constituents, one is in the previous hit-and-run shall constitute the basic behavior of traffic offences as precondition and basis, Two is to escape behavior in the subjective is intentionally, Three is to "death" harm result is negligence or indirect intentional, Escape behavior and four is the victim of the criminal law on the significance of death with the causality, Five is the person with ability is not aid relief causing the victim died.The third part is the traffic offences of judicial cognizance. In this part, the author firstly expounds the specific case, this traffic accident with general the main difference between the severity of the harmful consequences, i.e. whether traffic offences, not only to the size of the level of traffic accidents to the seriousness), (the actor in the traffic accident investigation in the size of the responsibility. Secondly, discusses the traffic offences and other relevant problems of crime. This method with dangerous endanger public security SINS are the main difference between the subjective aspect, violations of the object and the different requirements of harm result, etc. And intentional homicide, intentionally injury main difference between subjective aspect and the crime of different objects, And the deaths of negligence, negligence injury sin upon the main difference between the object and the workplace and objective aspect.The fourth part for transportation cause troubling crime's legislative consummation. In this part, the authors in reference to the relevant domestic many scholars view Suggestions are put forward. One is the additional traffic escapes. The reason is that: traffic escapes behavior has serious social harmfulness, accord with the essential characteristics of crime, Additional traffic escapes sin for criminal functions, Additional traffic escapes sin is China's national overall requirements. Two is to improve the legal punishment of traffic offences. Our traffic accidents occurred frequently, high, an important reason lies in our country criminal law the event of traffic offences, so that the light of the actual threat of criminal punishments, insufficient to realize the function of prevention. Therefore, the author thinks that, in general, shall be constitutive elements of the sentence of "three years from now" to "five years."...