| With the development of economic, the level of people's living is more advanced. However, with people enjoying the convenience that the traffic brings to us, we must realize this reality :as the popularization of automobiles, traffic accident is increasing year by year. Looking at the chart numbers of our traffic accident for these ten years, we are scared. The traffic accident number of our nation is the first for many years, and is still on the rise these years.To control the more serious crime of causing traffic accident and hit the behaviors of escaping, in the promulgation of the Criminal Law it have made great change. And in 2000 the Supreme People's Court made the relevant judicial to this criminal,but there are still many disputes in this criminal. This passage firstly make research on the disputed question of Constitutive elements of crime to this criminal, according to the Criminal Law and its relevant judicial to this criminal, which based on many research of this criminal. Then by combining theory and practice it brings out its own view. Secondly, through making research on the mistakes to the escape from traffic delinquency in the law and practice, and by combining the criminal theory this passage suggest that the behaviors of causing traffic accident and the escape from traffic delinquency should be separated into two criminals. The subjective aspect of the person who commit the crime of causing traffic accident should be negligent, but The subjective aspect to the behaviors of escaping should be intent, and the death that the escape from traffic delinquency brings should be considered the serious affection of the escape from traffic delinquency. so the two criminals should be both punished. It also suggests the escape from traffic delinquency should be punished because to the obligation of not saving the person who is hit in the accident. So it solves the question that after causing traffic accident people who although won't run away still won't save the person. In this passage, it also analyzes the distance between the escape from traffic delinquency and the criminal of killing person intent. At last, this passage analyzes the disadvantages of the joint offence in the law and the law practice. And by combining the suggestion of separating the escape from traffic delinquency, it analyzes the suggestion's advantage to solve the joint offence to this criminal. So by this way it realize the purpose of this passage. |