Traffic Accident Research

At present, the researches about the relevant problems of escaping after the traffic accident have sure meanings. In our country, no matter the regulations of situations cause people death when troublemaker escaping after traffic accident which were increased in article 133 of the Code of " Criminal Law " in 1997, or else the regulations about the relevant problems of escaping after the traffic accident in the Supreme People's Court" About handle traffic accident criminal case concrete to use law several explanation of issue " in 2000, both showed it has been a common understanding to aggravate that to strengthen the appraise on Criminal law and the punishment of justice to the evil behaviors, when the serious case of escaping after traffic accident happened day by day. In other countries, whether their criminal law has a clear regulation to the behavior of escaping after the traffic accident, use . different way to deal with this kind of case concretely in the judicial practice, the more important thing is these country to escape subjective malignant serious behavior this offer severe administration of justice appraise and punish after the traffic accident. But should notice that, to cause excessive attention of property loss form our country and other country in relevant remarkable difference that treatment pay of problem one of too among traffic accident.Compared with practical judicial circle, criminal law theory circle determine the nature to have fiercer disputes question of punishing etc. to involve after the traffic accident escaping. " Criminal Law" regulation of article 133 let judge and scholar headache already, the issue which supreme people's court" explain " caused the great disturbance especially in 2000. Supporter praise supreme people's court for take brave and important first step on the judicial explanation in " Criminal Law ", and the abundant relevant theory of criminal law ; But the opposition person, after counting one by one and " explain " a great deal of illegal, unreasonable places, reprove and " explain " that revising criminal law , to have no right to be explained. In fact, what supreme purpose of judicial authority seek rational valid settlement exist among the judicial practice in current criminal law system only perhaps is it wait punish ask tocome The question, it has no intention of breaking through current " criminal law ", infringing the power of the legislature (though perhaps it's left this kind of impression on somebody objectively).How to go out of the predicament in reality? After analysing the relevant situation, the solution provided of this text is: The new " crime that the traffic accident escapes " of charge happens independently in the traffic accident crime. This text makes every effort to prove this new charge has independent constitutive elements of crime, essential administration of justice prosecuting, hope can case this kind of try and mediation theory controversy of circle helpful to judicial practice, and the reflect to some extent in criminal law will be revised in next time.