Traffic Accident Crime Of Escape

Presently, our country's road traffic security situation is quite severe, and the cause-traffic-accident-escape is among the traffic crimes the much seen phenomenon. In recent years, the question of the cause-traffic-accident-escape always is the attention focal point of the criminal judicature and the criminal law theory. Because neither our country's criminal law nor the Supreme People's Court's judicial interpretation gives clear stipulation about the related questions of the cause-traffic-accident-escape, some stipulations conflict with the present criminal law and the criminal law theory, the theorists difference is very big, handling of this kind of case in the judicial practice extremely ununified. The author tries to analyse and research the problem of the cause-traffic-accident-escape from the following four aspects: outline of the behaviour of the cause-traffic-accident-escape (concept, nature, manifestation and constitution), the related questions of "killing caused by running away" (constitution, legal nature, application scope and determination of guilt), surrender of traffic crimes and accomplice and the idea of adding the crime of cause-traffic-accident-escape. The author expounds his viewpoints and hopes to benefit the revision and consummation of the criminal law and the judicial practice.How to define the escape behaviour in the cause-traffic-accident-escape crime? Which legal nature have the escape and the killing caused by running away? Is the crime form of the offender of "killing caused be running away" intentional or negligent, or both? According to "Road Traffic Security Law" the offender himself has the duty to report to the related institution. Does this mean that the application of surrender system should be removed out of the traffic crimes? How about the rationality of the Supreme People's Court's judicial interpretation, which acknowledges the existence of negligent common crime? Should the negligent common crime be recognized in our country's criminal law? And so on. If these questions cannot obtain a perfect explanation and a proper solution, the development of the criminal law theory and the normal operation in the judicial practice would be negatively affected.After having conducted the thorough analysis and research on the above questions of the cause-traffic-accident-escape, combining the criminal law theory with the judicial practice, the author mainly believes that it violates the crime constitution theory, if the behaviour of escape is considered both the plot of guilt determination and penalty measurement. According to the criminal law 133rd stipulation and the criminal law principle analysis, the crime form of "killing caused by running away" should be restricted in negligence, but the practice isshowing overwhelming majority of intention (indirect intention). To punish the behaviour of intentional escape with negligent traffic crime violates the principle of law. To consider the crime form intentional and handle it along with negligent crimes similarly does not conform to the principle of law. The Supreme People's Court judicial interpretation acknowledges the existence of negligent common crime. This conflicts with present criminal law theory and stipulations. But at the same time the author believes that the negligent common crime should be admitted in our county's criminal law. Although the offender hat the duty to inform traffic police after accident, the application of surrender system should not removed out of traffic crimes. In order to solve the theoretical dispute on the cause-traffic-accident-escape and unify the judicial practice, the best choice in the frame of present criminal law theory and legal rule is to strip the escape behaviour from the traffic crimes and to set up the crime of cause-traffic-accident-escape alone. The author elaborates on the necessity of setting up the crime of cause-traffic-accident-escape in the legislation from the aspects of inner link between the escape and the former cause-traffic-accident behaviour, the need to attack the crime of cause-traffic-accident-escape, dispelling the theoretical dispute, unifying the judicial practice and correct processing etc.. At the same time the author analyses the legislation cases in the related countries and regions and elaborates on the feasibility of setting up that crime in the legislation. Finally the author further induces and designs the concept, the characteristic and the legal responsibility of the crime of cause-traffic-accident-escape.