Traffic Accident Behavior Of A Number Of Issues

With the constant economic development in great speed, the people's living standard has been raised and the rapidly increasing number of our private car owners witness a great variety of car accidents in company with constant happening of traffic troubles. Escaping from the accident site of causing traffic trouble is the usual phenomena in crime of causing traffic casualties, which has become the focus being paid close attention to by criminal judicature and theory. Therefore, the Articles set up in the 1979 Criminal Law are far from being enough to satisfy the objective needs social condition. Current Criminal Law has revised the traffic accident crime, obvious difference lie in, set up "causing death due to escaping" this measurement of penalty grade most among them, punish this kind of crime severely offer the legislative authority for judicial authority. But because regulation of clause is too generally, simple, ignore the behavioral complicated situation of escaping, just define different understanding to the epitaxy of "causing death due to escaping", this has caused between the crime of intentional homicide of traffic accident crime and non-performance conversely the relation is complicated, have influenced its applicable result. In 2000, in order to meet the new legislative demand, the judicial committee of the Supreme People's Court has issued Some Judicial Interpretation on the Application of Law on How to Decide the Criminal Cases Cause by Traffic Troubles. However, the judicial Interpretation fails to realize its original intention, make the rationality of this clockwork spring queried because its some regulations and criminal law theories are difficult to coordinate instead. The thesis is to deal with and make some research on some problems caused the issue of the new judicial interpretation, and arrangement all argumentation of the focus issue, propose author's own view.Cases of causing death due to escaping in crimes of causing traffic casualties are very complicated, which need to be analyzed and determined according to specific situations. In fact, it is necessary to limit the scope of the act of flight. And to escape behavior make simple understanding, analyze subjective fault form, target range, legal property of "causing death due to escaping" and declare the measurement of penalty guilty scientific, this just accords...