Traffic Accident Escape Behavior Research

Excerpt: In recent years, with the dramatically increasing numbers of motor vehicles, it is often to see traffic escapes behaviours which not only expand the harm of traffic accidents, but also bring obstacles to traffic cases processing. Although the appearance of the Criminal Law's regulations and judicial explanations provides an important standard to the traffic accident cases, yet, the Criminal Law still has its drawbacks in determining a traffic escapes behaviour no matter practically or theoretically. The Criminal Law needs further improvement. The thesis aims at finding a better solution by means of analysing and discussing the existing legislation issues as well as proposing suggestions in regards to set up traffic escapes crime.The thesis is composed of 4 parts. The first part is about the basic components and standards of constituting traffic accident crimes.The second part is in consideration of the characters of a traffic escapes behaviour. According to the Criminal Law of the People's Republic of China, it does not exist relief prohibited provisions of the obligations.The issue of co-offenders in a traffic accident crime is explained and analysed in the third part of the thesis. At present, some contradictions between the penalty regulations of a traffic escapes co-offender and the basics of Criminal Law have been pointed out. From my point of view, it is appropriate to establish the traffic escapes crime as well as punish co-offenders.The fourth part is the most important, which is a feasible research on the legislation of a traffic escapes crime. First, I explain the necessity of establishing a traffic escapes crime through analysing the existing judicial law. Second, referencing related legal rules of foreign countries, I analyse the possibilities of setting up the crime. Last but not the least, I bring forward the law settings of a traffic accident crime.