Guilty Of Traffic Violations Escape Behavior Research

Through the transportation regulations the definition of the traffic escapes with criminal law's traffic escapes behavior compared and explain the definition of judicial practice, combining with the practical problems existing in the escape behavior, think traffic offences should return to the meaning of the provisions of the ministry of public security, shall not be 95 to evade the law includes the purpose for the increasing elements, subjective factor, not only in criminal lawsuit proof, and difficulty in practice also inappropriate behavior that limited scope of escape. In the traffic offences escape behavior of punishment based on the mining, to ensure public security traffic for main legal interests of compromise said. Think punishment traffic offences escape behavior of the standard for the purpose is the penalty, does not violate anybody not to incriminate himself principles. For as in crime problems related to the escape behavior interpretation, first of all, based on the "explanation" in paragraph 2 of article 2 paragraph 6 analysis and comparison of the word of traffic accident responsibility cognizance and criminal responsibility identification is the fundamental in accident liability is different, no other unknown cases and evidence, it should carry out guilty without doubt from the principle of sin. Secondly, through to the "explanation" article 5 second paragraph explained, after a hit-and-run in traffic and have as crime escape behavior, this particular situation, constitutive elements of an intent crime, consequently existence is the joint crime pattern constitutive elements.