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Traffic Accident Escape Behavior Research

Posted on:2009-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2206360248451089Subject:Law
Abstract/Summary:PDF Full Text Request
Recent years,with the development of our country's transportation, many traffic accidents occur and the phenomenon of troublemaker's escaping from the scene of accident increases.+This behavior greatly endangers and encroaches on the life safe of the public.In order to severely attack this dangerous act,"escaping" and " cause a person's death as a result of escape" are respectively enacted as aggravating circumstances of the crime of causing a traffic accident in the Criminal Law,1997.The Supreme People's Court also makes a specific explanation for the meaning and the question on how to determine the commission of the crime between "escaping" and "cause a person's death as a result of escape" in the Explanation about the Questions in Law Application to Heap the Criminal Case of Causing a Traffic Accident(the following using Explanation for short) However,the simple of legislation and the defect of Explanation have seriously affected judicial organization disposing the case of escaping after causing a traffic accident.Based on the practice and research,in this thesis the author puts forwards some opinions and explores several issues on the problems of the traffic accident escape behavior,"cause a person's death as a result of escape",the relationship between crimes of intentional homicide as a result of omission and the "cause a person's death as a result of escape" in traffic accident.This thesis contains six parts with about 13000 words.Be respectively:PartⅠBrief:The case of Ma's crime of Causing traffic accidentPartⅡCase:This part introduces the process of Ma's crime of Causing traffic accidentPartⅢThe focal point of case:How to define the "Cause a person's death as a result of escape"?PartⅣDispute and divergent idea:This part puts forward the different views and reasons in deal with the law issues in this case.PartⅤLegal principle is analyzed:Firstly,analyses the escaping behavior after causing a traffic accident,and points out the nature of the escaping behavior after causing a traffic accident is no act behavior that escaping the legal liability.Analyses the composing factors of the escaping behavior after causing a traffic accident,which consists of the premise that the troublemaker is guilty in crime of causing traffic accident;the subjective condition that the troublemaker knows clearly that a traffic accident has occurred and has "subjective evasion of legal sanction";and the object condition that the troublemaker runs away from the scene.Then the author studies the issue that "cause a person's death as a result of escape",points out that the "person" in "cause a person's death as a result of escape" refers only to the one injured in a traffic accident before the actor escapes,which is reasonable.The fault form of "cause a person's death as a result of escape" contains both intention and negligence.At the same time,we should take attention to the causation between escape and death.In the end,the author analyses the relations between "cause a person's death as a result of escape" and crimes of intentional homicide as a result of omission.The key is to see whether the escaper is in absolutely exclusive control in the process of danger.Which needs to investigating the reality and intensity of the occurrence of the victim's death and escaper's conscious of this.PartⅥConclusion:Ma's behavior in this case match in the composing factors of the escaping behavior after causing a traffic accident and should be sentenced according to Article 133 of Criminal Law.
Keywords/Search Tags:causing traffic accident, escape, death as a result of escape, crimes of intentional homicide as a result of omission
PDF Full Text Request
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