Study On The Problem Of Traffic Accident Escape

In recent years, along with the social progress and the development of science and technology, the transportation industry developed. All kinds of motor vehicles into the thousands of households bringing convenience to people’s lives at the same time, traffic accidents frequently occur and escape behavior after the accident, which seriously threatened people’s life and health, caused significant property damages, affected the healthy development of the economy and the harmonious and stable society, had a negative impact and high attention. Face to the sudden and high incidence rate and the complexity of this crime, if we can clarify some doubts theoretically, the existing criminal law will escape and the death caused by escaping rules for traffic accident crime statutory aggravating circumstances. In November 2000 “the Supreme People’s Court on the trial of criminal cases of traffic accidents several issues of concrete application of law interpretation of” the escape problem to make specific definition and further implementation, which guide and regulate the escape involving theoretical issues related to the criminal law and judicial practice problems so as to effectively control and prevent the occurrence of crime, is of great practical significance.The author in this article uses the case analysis and historical comparison analysis, which is divided into four parts.The first part is the case introduction and relevant criminal law issues. Case Description cites three typical Fleeing Accidents perspective of cases involving the hot issues related to criminal law: the escape after traffic offense behavior kill qualitative problem, problem of surrender in traffic accident, hit-and-run death penalty problem.The second part is the hit-and-run problem analysis. The author focuses on thee understanding of hit-and-run and definition of escape after traffic accident causing death and defined, which is conductive to escape after the traffic accident causing death qualitative behavior, eventually return case for cases involving the hit-and-run behavior qualitative analysis, so that hit-and-run traffic problems more clearly identified.The third part is the hit-and-run problem analysis. The author emphatically analyzes the traffic accident crime in the country if there is to the surrender and the condition, which will directly affect the traffic escape in qualitative and applicable surrender, eventually return to the applicability of this case surrender.The fourth part is the hit-and-run causing death penalty problem analysis. The author based on the general and specific provisions in the current criminal law applicable death penalty, whether death penalty for this case can be analyzed in this paper, the offender.This paper discusses the process. The author combined with the current criminal law and relevant judicial interpretations, and in recent years, three typical hit-and-run traffic cases as perspective to study, in order to make the hit-and-run and its relevant criminal law issues more clearly identified in the judicial practice.