Traffic Accident Crime Of Escape

In recent years, with the development of communications and transport, traffic accident and cases of traffic hit -and -run are on the rise, which have seriously engendered health, life and property safety of the public. Before and after the promulgation of the amendment of the Criminal Law and its relevant judicial explanations, there are still many disputes on the cases of traffic hit-and -run. This article firstly analyses the concept, category and conditions of and conducts systematic and deep study on the death caused by traffic hit-and -run, and gives personal ideas and suggestions based on the theories of criminal law and judicial practice.The article is divided into 3 parts:The first part is the concept and conditions of traffic hit-and -run.(â… ) The concept of traffic hit-and -run consists of its definitions in law, regulations and judicial explanations, theories and view of the author. It is the author's view that traffic hit-and -run refers to the case after a traffic accident when the actor does not perform legal liabilities and gives timely rescue, report to the police and protect the site, but flee from the site of accident to evade criminal, civil and administrative liabilities.(â…¡) Traffic hit-and -run can be classified into 3 kinds: first, simple and non-simple traffic hit-and -run, second, hit-and -run actions which give rise to new harmful results and which does not give rise to new harmful results, and third, traffic hit-and -run which evade the duty of rescue and the responsibility of investigation.(â…¢) Conditions for hit- and -run, there are 3 conditions for it:1.the actor is the culprit of a traffic accident 2.the actor knows there is a traffic accident;3.the actor runs away for the purpose of evading legal investigationThe second part deals with death caused by traffic hit-and -run, which includes the following aspects.(â… ) the offence of traffic hit-and -run which results in human death "death caused by traffic hit-and -run" only applies in cases of traffic and not including death caused by intentional (directly intentional and indirectly intentional) action.(II) Legal evaluation of death caused by traffic hit-and -run. Judging from law, the current criminal law regard death caused by traffic hit-and -run as circumstances for enhanced punishment, and is in counter to the theories of offence, and render it difficult to determine the nature of some cases in judicial practice and affect correct determination of penalty according to guilt; and from the theories of law, this regulation is not line with the basic principle of compatibility of offence, liability and punishment.(III) The scope of person caused to death by traffic hit-and -run can only be the person afflicted with harm in the accident.(IV) Nature of death caused by traffic hit-and -run .The author thinks that there is direct relationship between death of the afflicted and the inaction of the offender, and thus the offender should be charged with offence of indirect intentional killing.The third part is the thorny problem in dealing with traffic hit-and -run.(I) Nature of the conduct of the instigator; the author thinks the nature of the conduct of the instigator is offence of shielding an offender.(II)The problem of accomplice of traffic hit-and -run, the author thinks the offence of traffic hit-and -run, is criminal negligence and it is subordinatelo 4hejraffic offence. According to criminal theory of our country, there is no accomplice for criminal negligence, for there must be subjective intention of offence.(Ill) Confession of crime by offender of traific accident, the author thinks if an offender goes to the police and does not hit-and-run; it should be regarded as confession of crime.