| In recent years, the traffic accident escapes general happened. On one hand ,it make because the injured party can not get the further enlargement that treats and results in endangering the result in time, Have brought the suitable degree of difficulty to investigation of the traffic polices of public security men department too. On the other hand, The ones that escape asserting, The ones that escape and cause people's death asserting, The questions, such as accomplice escaping,etc. are always the focus that theory circle disputes. I combine public security men's reality of work, Divide five parts and escape the traffic accident and are described.Part Ⅰ. It is asserted that the traffic accident escapesⅠ. I think that it mean that the actor violates the communications and transportation and manages the regulation that the traffic accident escapes, After causing the serious accident, including the ability to test its own output against relevant criteria, Run away instead, Abandon the injured party in the behavior that is ignored, Its subjective purpose is to escape the law and is investigated and succours the obligation.Ⅱ. Composition of the behavior that the traffic accident escapes.Must have one commit traffic accident guilty the behavior store in before;Subjective respect.. The subjective psychology of actor of the escaping case of traffic accident is fleeing from on purpose;Flee from the scene or abandon the behavior that the car flees from the scene by car objectively.Ⅲ. Several kinds are easy to be regarded as the situation of escaping by the mistakeFirst kind of situation, The troublemaker does not know that continues sailing out of the scene by car;Second kind of situation, Realizes the mistake and escapes to the trouble-making consequence after the traffic accident happens;The third kind of situation, Know the wrong behavior of escaping to accidentresponsibility.IV. Administration of justice that the traffic accident escapes is asserted1 .Knowing perfectly well that the degree is judged to the accident of actor in the thing takes place from correctly;2.Engaged in after sending the actor's behavior behaves and judges;3.The actor judges the attitude of leaving over the evidence of scene after the accident happened from correctly;4Judge on the objective states of the things after happenning to the accident;5.The purpose to investigate from the law of escaping is seen.Part II. Because the one that escape and cause people's death is asserted I . There is more meaning that " because escape and cause people's death " in academia's views, I think I" escape and cause people's death " to mean alone that the injured party can not get and rescue and die in time.I propose "ing escape and cause people's death " boldly legal nature will be confirmed as the independent danger and be made. Result aggravate and make and plot aggravate and make and have contradiction that can't be answered.II. Because escape and send to the subjective psychology of death actors of people. When I agree to and escape and cause people's death, Escape between people and wounded death emergence of result, can only be the psychological attitude of the fault. Reason:1.Traffic accident crime that article 133 of criminal law stipulates is an unintentional crime;2.Can be known by inference from the context of the legal provisions;3.Come to analyse from the legislative intention, will stipulate and regard as the unintentional crime;4.Do not assert that " escapes and send to people's death " that include the psychological attitude on purpose, Will not influence it to escaping and cause the blow of people's death to deal with complicatedly in practice at all.Escape and cause people death include following to form important document, 1, actor formerly traffic accident in fact, and the behavior forms traffic accident crime; 2,The actor has not parked immediately according to the legal provisions after the traffic accident, protect the scene, rescue the wounded and property, in order to escape the responsibility for an offence instead, escape by car; 3, The subjective psychology is to know perfectly well that the traffic accident has happened and escaped on purpose; 4, The emergence of the consequence dies to the victim to firmly objects to, it is the fault psychology; 5, The consequence that the victim dies has taken place; 6, Causality with directness of death of the escaping of the actor and injured party .IV. While dealing with two times and cause trouble, should pay attention to causing trouble and will be suspected of being involved in three kinds of legal nature for the second time : Traffic accident, endanger the public security, kill on purpose.V. What time to compare I have done with killing on purpose " escapedding and caused people's death".Part 111. Relation asserted with accident responsibility that the traffic accident escapes.First, accident responsibility assert traffic police department according to " expert's conclusion " of characteristic authoritative , administrative that functions and powers make. Whom responsibility assert is it belong to to weigh finally, belong to public security organ. But the people's court enjoys and refuses the power to adopt letter to " responsibility is asserted " while handling the criminal case of traffic accident.Second, is it to accident influence that responsibility asserts , mainly " escape and shoulder the whole responsibility " to escape about traffic accident, namely the administration infers . I think the administration infers the fraud is greater than the profit. First, the administration infer that adopts the evidence in order to accuse criminally, has obviously lightenned the prosecutor's burden of proof among criminal suit; Second, object to administration's infering for the opinion of the criminal evidence, accord with actual conditions . We know whom namely objective important document that declare guilty prosecute danger behavior of party that take place previously, but not the party; Third, looking from administration of justice practice, the judicial authority mustn't adopt the conclusion that the administration inferseasily, totally have support of the judicial explanation file. Part IV. Accomplice that the traffic accident escapesI think that the behavior is the subornation to instigate the troublemaker to escape. The reason is: '1 .Accord with the legal principle of crime and punishment;2. Accord with the essential characteristic of the subornation;3.Determine the nature and can contain with subornation traffic accident instigate many kinds of subjective important document of consequence that others cause;4.Determine the nature and punish with subornation , can attack crime , reduce blindness and confusion of judicial practice accurate.Part V. The legislation of the traffic accident is perfected and proposedI think(l) that current criminal law stipulate that does not accord with the criminal law theory , the traffic accident crime is a kind of unintentional crime , the " serious " in the theories for guaranteeing by criminal law,can only people for ground " escape and for people death " divide into there aren't clause.(2), accord with crime and punishment meet principle, traffic accident crime " escape and cause people to sentence to imprisonment over 7 years death ", that is to say that the legal supreme punishment with guilty traffic accident was 15, it takes 8 years higher than the supreme punishment of other unintentional crimes . (3) do not accord with the common legislative regulation in the world . I propose: Is it cause people death form become one crime to escape, clause can write for " violate communications and transportation manage the regulation, traffic accident after causing people to be severely injured , is it cause wounded because of succour into death to perform duty of succouring, sentenced to imprisonment over seven years, life imprisonment."... |
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