Traffic Accident Theory

The Criminal Law of 1997 has made an important revision to the traffic accident crime, involving the "escaping and cause people's death" issue. The Interpretation of the Supreme People's Court "Regarding Specific Applications of Law in Trial of Traffic Accident Criminal Cases" makes the legislative defects more evident. There are various understandings to the meaning of "absconding" in traffic accident. To clarify the nature of the absconding conduct is the key to solve the disputes of the traffic accident crime. Absconding after traffic accident means that a person clearly knows his behavior has caused a traffic accident, but he does not fulfill the legal duties to save the wounded or properties, to report to the police and accept the disposal, but runs away in order to avoid the punishment. The essence of the action lies in avoiding duties of saving and the criminal responsibility.Through analyzing the component parts of absconding of the traffic accident crime, the author thinks that the criminal object, objective aspect, subject, subjective aspect of absconding are all different from the traffic accident crime, absconding should be appraised independently. The absconding conduct is nonfeasance in the theory of the criminal law. In the occasions that traffic accident take place, the troublemakers have legal duties to save the wounded or properties, to report to the police and accept the disposal, but some troublemakers run away in order to avoid fulfilling the obligations, and this bring much trouble to the disposal of traffic accident. The origin of the acting obligation not only derives from legislation but also from the prior act of the troublemaker. Absconding can be divided simplex absconding and moving displacement absconding. It should be severely restricted that absconding constitutes the voluntary manslaughter/injury. Only the action of conducting the victim away from the site scene after causing traffic casualties can constitute the voluntary manslaughter/injury. Simplex absconding should constitute a new crime of absconding in traffic accident.The provisions in Section 2, Article 5 of judicial interpretation of the Supreme People's Court about the joint offense are not conformed to the theory of complicity. After causing traffic accident, such as the persons in charge in the unit, owners of automobiles, contractors, or passengers just constitute joint crime of absconding. At last, the author puts forward some proposal on legislation.