Traffic Accident Crime Of Escape

Nowdays, with the durative high-speed development of market economy, traffic accidents happen frequently, and the escape of the peacebreaker after causing traffic trouble is the disputing problems of importance and difficulty, so it is necessary to thoroughly andmeticulously study the crime about traffic accidents-----crime about causing traffic trouble.How to understand and judge these problems in juridical practice is the motive of the writing of this paper.After the traffic accidents, the peacebreakers are legally obliged to rescue the victims and wait for further investigations of the police, but some peacebreakers fail to fulfill their duty and even evade duty, causing great loss to the victims and the society and bringing difficulty to the solution of traffic accidents. To punish those who escape the duty, criminal law prescribes that the escaping after causing traffic trouble or death resulting from escaping calls for a heavier punishment within the limits of the prescribed punishment.Escaping after causing traffic trouble is that a peacebreaker doesn't fulfill the legal duty of rescuing the victims and property, of report the case to the security authorities, and of waiting for the solution and leaves the accident spot when he knows he has caused traffic accidents. And this behavior by nature lies in the escaping of duty of rescuing the victims and of imputing the duty.. Death resulting from escaping means after the traffic accident the peacebreaker doesn't timely rescue the victim and escapes from the spot, resulting in the death of the victim because of the lack of the timely help. Death resulting from escaping actually is death caused by the peacebreaker when he fails to fulfill his duty of rescuing. The cause-and-effect relationship of escaping and death should be affirmed besides the desertion nature of causing death in the light of the confirmation of death resulting from escaping after the traffic accident. The cognizance and solution of escaping after causing traffic trouble should be analyzed in connection with some prescription of juridical interpretation. This paper can be divided into four chapters. The first chapter is the summarization of escaping after causing traffic trouble, and in this chapter the writer analyzes the concept and characteristic of causing traffic trouble by comparing different opinions to lead to the correct understanding of the concept and characteristic of causing traffic trouble. In the second chapter the writer mainly expounds the structure of escaping after causing traffic trouble and correctly analyzes and makes certain the act of escaping after causing traffic trouble from thesubject and object of the act of escaping and its subjective and objective aspects. The third chapter talks about the meaning and quality of the death resulted from escaping after causing traffic trouble, the subjective and objective aspects of death caused by escaping, and the limits between death because of escaping and intentional homicide crime and desertion crime. In the fourth chapter, the writer, according to the relevant provisions of the interpretation about some concretely applied law problems of inquiring traffic criminal case, and by analyzing nomologically the escaping act incited by others and the significance of the escaping circumstances in conviction and sentencing, find out the limitation and shortcoming of this judicial interpretation, and give some suggestions about the need for perfection of the interpretation of applied legal cases in escaping after causing traffic accidents.