| Now,with the sustained and rapid development of the socio economic but followed by traffic accidents has increased steadily, a serious threat to people’s lives and property In this context, the1997traffic accident crime has been revised and will be in the Supreme People’s Court on hearing the Traffic Accident in criminal cases the application of law to explain "(33)2000.11.15France Shi [2000] the Crime of the application-specific, but also appeared in a number of problems, the main problems and escape behavior of the meaning of the ambiguous nature and escape the sin of causing death form of controversy, particularly the "interpretation" of the Crime of accomplice provisions, with more than our existing criminal law theory, caused considerable controversy these issues in the criminal law field. This review focuses on the problems to do some research, the study aims to solve existing problems in theory, in order to better guide the judicial practice applicable to the specific.This article is divided into a total of four parts, the first part, an overview of the traffic hit and run behavior. There are three sections in this part of the contents of the previous two sections133of the Penal Code and the interpretation of the provisions of the escape behavior of the problems, discussed the meaning of the behavior of Traffic Accident, nature and composition of the escape behavior of the elements, and proposed The specific meaning of the Traffic Accident "be expressed as:knowing that after such incidents, the perpetrator to fulfill its failure to perform a rescue injured or to avoid legal action, does not protect the scene of the accident, waiting to be processed and escape behavior identified by the accident. Also believes that the nature of the escape behavior of the complex plot Aggravated Offense, the last one discusses the escape behavior is consistent with the possibility of the existence expect.The second part focuses on the sentencing provisions of section133, file3, and the meaning, nature and elements of "Escape of the" research, that its nature as a sub-section on escape and cause different point of view of subjective sin in the form of people were killed and behavior of subjective sin both indirect intentional or negligent.The third part focuses on the Escape of the convicted and punished, first Escape of the behavior of conviction and not as a crime made to distinguish between, and to explore the Escape of the behavior in the form as a source of performance; section on "explain" an accomplice provisions of the Crime of defects were analyzed after the analysis, which provides that the point of view, traffic crime does not exist in an accomplice, through the conviction of the perpetrator and the instigator to solve this problem.The fourth part mainly on the front part of the study findings and examines the relevant provisions of the foreign countries that To solve the current133and explain the provisions of the problems, proposed to introduce a new offense, namely,"Traffic Accident crime" and focuses on the relationship between basic commit the crime and the Crime of the set up of Traffic Accident crime not only can solve the problem, but also conducive to combat the increasingly serious traffic accident crime.This review focuses on the escape behavior of nature, sins in the form and innovative escape to cause death and not as a crime relationship, and concludes with specific recommendations to solve related problems. Mainly uses semantic analysis, case analysis and comparative analysis, first of all the semantic interpretation of the provisions of relevant laws, combined with the problems that may exist in practice to make a more precise legal meaning; Secondly, combined with some special cases analysis, pointing out the problems of crime and "explain"; Finally, compared with the relevant provisions of the domestic and foreign, and to learn from its merits, with the national situation and then propose solutions to the escape behavior of legislative proposals on traffic accident in China. |
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