Traffic Escapes Common Crime Research

According to concerning sectional statistic, our country is traffic accident death toll of the highest state, continuous years have been occupies the first. To fundamentally curb hit-and-run cases, safeguard the people's fundamental interests, in 2000, the supreme people's court issued on the trial of traffic offences criminal cases the concrete application of law in the explanation of a certain number of problems (hereinafter referred to as the judicial interpretation), this judicial interpretation issued the original intention is designed to unified hit-and-run circles on the understanding of the problems in judicial practices, resolving contradictions, but counterproductive, this judicial explanation once published, its existence and legal basic theories, the criminal law basic theory of contradictory problem, drew the social from all walks of life questioning and debate. Among them, the judicial interpretation article 5 second paragraph of traffic escapes the common crime is undoubtedly a major point of debate. This paper is based on the current criminal law of traffic escapes the common crime carding and in-depth discussion on how to compensate for traffic escapes joint crime problems in theory and in practice of insufficient. This paper discusses the three traffic escapes the common crime, divided into three chapters. The first chapter, this paper briefly introduces the judicial interpretation on the traffic escapes the common crime and provisions of academic circles regulation understanding. In the second chapter, from the judicial interpretation itself exists contradiction, judicial interpretation with the current criminal law the provisions of the basic theories of contradiction, the judicial interpretation of the provisions in the law applicable difficulty in three aspects: traffic escapes should not have joint crime. The third chapter, since not exist hit-and-run common crime, then how determination for such instigate crumbled escape behavior ?From the constitutive requirements of letting escape behavior redefining.