Research On Problems Of Death Caused Traffic Escapes

Along with our country the deepening of reform and opening up, the social economy got the sustained and rapid development, China's economic and life also has undergone earth-shaking changes, especially in the transportation vehicles, automobile motor is also more and more into the life of people, but also led to many traffic accidents, became a serious social and focused problem,Meanwhile more worrisome are part of the persons caused traffic accidents in order to escape from the responsibility, leading to many died if originally received assistance can survive, This kind of behavior aroused attention from all sectors of society, including our criminal law. In order to protect the victim, shall be investigated for further effectively threats of criminal responsibility, the supreme people's court in 2000 by a hit-and-run "on the trial of cases on the concrete application of law" the explanation of some issues, also explained to judicial practice, and how to understand and to recognize "for escape to death" has made the detailed explanation, the relevant judicial practice guidance because the explanation, however the criminal law theory and the Chinese traditional conflict exist certain debated among the group of criminal and practice because of "escape to death" discussion of the climax.This article tried to discuss traffic escapes death caused problems for the analysis and discussion death caused traffic escapes the concept and character, "traffic escapes death caused" crime and subjective and objective "because the escape to death" aspects of knotty problems are analyzed and studied, thus to traffic escapes death caused problem has a more thorough understanding of judicial practice, in order to produce help.In order to thoroughly and systematically analyzing traffic offences after escaping death caused problems, this article, from the basic theory of criminal law, adopt after first interpretation, and the method, from solid theoretical comments likelihood and granted the two perspectives, discussion, and put forward corresponding countermeasure.This paper is divided into four sections:First, "because the escape hit-and-run death caused the meaning and properties. This chapter of the meaning of escape behavior first made substantial sense define, and according to law and the relevant judicial interpretations on the qualitative analysis; Secondly, a clear "because the escape to death" legal connotation, and focuses on the "escape to death because of people "in" the understanding and difference between the offence and plot aggravated because that "make analysis aggravate escape death caused the legal nature.Second, "because the hit-and-run death caused" escape the subjective and objective composition. This chapter used two aspects from the subjective and objective also analyzed a hit-and-run "escape to death" formation, and emphatically definition analysis "for escape to death" behavior of objects and the form of sin.Third, "because the escape hit-and-run death caused the knotty problem that plot. This chapter basically involves two:one is, "escape the death caused" joint crime research; 2 it is, escape to death and intentional killing crime relations.Fourth, "because the escape hit-and-run death caused" problem of legislative proposals and innovation. The author summarizes related content in the former three chapters based on comprehensive analysis ", because of escape to death "regulations of legislative defects, and put forward improving relevant law legislation.