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Discussion On The Transformation Of Traffic Accident Crime With Yao Jiaxin Case

Posted on:2013-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:N Y XiuFull Text:PDF
GTID:2246330371479860Subject:Law
Abstract/Summary:PDF Full Text Request
In this paper, they are clearly indicated for constitutive elements of trafficaccident crime, aggregated consequent of traffic accident crime and the differencesbetween intentional injury and intentional homicide, both of which are transformedfrom traffic accidents. The former one is negative escape after happening trafficaccident, namely that the actor only has the conduct of escaping. The later one ispositive escape after happening traffic accident, namely that the actor not only has theconduct of escaping but also has the conduct of taking away the victim from the sceneof the accident to hide or abandon. Differences between them are: in the first case, theformer conduct of traffic accident for the actor and the later result of death for thevictim brought about by the conduct of escape have the same subjective fault, namelythat they are both caused by the conducts under negligence, meanwhile the conduct ofthe actor is affirmed as traffic accident crime; in the second case, the actor takes thevictim away from the scene of the accident and hides or abandons it, in order to beimmune from legal action, causing the death of the victim without rescue. Thesubjective attitude of the actor has changed obviously, namely that the formernegligence has transformed into the later intentional action. At this time, the nature oftraffic accident crime of the actor has been changed, and then the actor shall bepunished as the crime of intentional injury or intentional homicide.In this paper, the condition of transformation from traffic accident crime to thecrime of intentional injury or intentional homicide has been laid stress on. The natureof the action of positive escape has been changed. Positive escape means that theactor takes the victim away from the scene of the accident and hides or abandons it, inorder to be immune from legal action, causing the death or serious injury of thevictim without salve. The three aspects of the transformation of nature caused bypositive escape are: firstly, the actor has the responsibility, which is caused by the actor’s former action and is not used as a requirement of crime establishment, to savethe victim after traffic accident; secondly, the victim has the possibility to be saved. Ifthe victim dies at the scene of the accident, the condition of transformation is notformed, though the victim is taken away from the scene of the accident and hidden orabandoned; finally, positive escape of the actor has causal link with the eventualresult of the victim, namely that the death or serious injury of the victim is caused bythe positive escape of the actor.Under the condition of positive escape, the actor has the mood of permissivenessor intention on subjective aspect and his/her purpose generally is escaping from theduty of rescue and accountability. Though traffic accident crime is a kind ofnegligence crime, taking positive escape as an example, it has directly intentionalaction which means the actor takes the victim away from the scene of the accident tohide or abandon intentionally. If after traffic accident crime, the victim is seriousinjured, intending to destroy the evidence, the actor transfers the victim to severeenvironments which are sparsely inhabited and uneasy to be founded etc. The victimgets seriously injured and dies without timely rescue. Under this condition, the actorhas the offense mentality of expectation or not interfering which belongs to directintend or indirect intend in criminal law. On the objective aspect, after the trafficaccident crime, the actor takes the victim away from the scene of the accident to hideor abandon, which has a certain degree of risk. After the traffic accident crime, theactor takes the victim away from the scene of the accident to hide or abandon.Meanwhile both the duty of rescue and the causal link between the former action andthe later action propose stricter request for the actor. The actor gives up the duty ofrescue in the way of positive action, then negligence of traffic accident is developedinto not interfering, a new stage of causing the death of others intentionally. The deathof the victim is caused by the former and the later dangerous actions, namely theformer traffic accident action and the later actions of hiding, abandoning andintentionally killing. If the serious injury or death of the actor is caused by otherreasons, the nature of the conduct of the actor is not transferred.
Keywords/Search Tags:Traffic Accident Crime, Positive Escape, Crime of Intentional Homicide, Crime of Intentional Injury
PDF Full Text Request
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