Traffic Accident Cause Death Research

It is compound escaping resulting in the victim's death after causing traffic accident. According to our criminal law, it is an aggravated crime of causing traffic casualties. It is not a intentional crime, but a negligent one.This article consists of four parts, about 50,000 charts. In part I, the author studies escaping resulting in the victim's death after causing traffic accident in our criminal law and kinds of arguments on it in the academic circle. The reason of the victim's death is not escaping, but not fulfilling saving the victim. The essence of escaping is not fulfilling saving the victim.In the part II, according to the overwhelming theory in the academic circle that a crime is constituted, the author studies 'escaping resulting in death ' in four parts: object of crime, objective aspect, subject of crime, subjective aspect. The object of the act is the life of the victim, not the public traffic security that is the object the crime of causing traffic casualties. In its objective aspect, the troublemaker flees after traffic accident, and the wounded dies without saving. There is a criminal causality between the troublemaker's escaping and the wounded's death. The essence of the action lies in avoiding duties of saving, and thereby leading to death of the wounded. As to the subject of the crime, the article holds it is a common subject. The troublemaker who did not offend the crime of causing traffic casualty before may offend the crime. As to subjective aspect, there are controversies in the academic circles. The author claims that its subjective fault should be negligent.Part III is about the difference between the crime and the crime of intentional homicide. If the troublemaker runs away after traffic casualty, his refusing to save the wounded may be the crime of intentional homicide. We should apply the principle of being equal value to determine it or not, so that the scope of homicide is constricted. This part discusses difference between that and 'escaping resulting in the victim's death'. Refusing to save the wounded of the homicide is equal to homicide. However, that of this crime is not. And their subjective faults are different. One is intentional, the other is negligent.In the last part, the author proposes legislating about escaping traffic accident At present, the situation of escaping after causing traffic accident in our country is very severe, and people strongly claim that the escaping should be punished heavily. The escaping is very harmful to society on it's own, and is a kind of dependent action. There are some fatal defects in legislation about 'escaping resulting in death', the author argues that the escaping is a dependent crime from the crime of causing traffic casualties.