The "escape" In The Traffic Accident Behavior Research

In our criminal law, the fleeing after traffic accident is the cause of aggravated punishment and specialized aggravated punishment, but according the interpretation of Chinese highest court, the fleeing after traffic accident becomes much more applicable in more cases. In the interpretation, it is not only the cause of the punishment mentioned above, but sometimes it becomes the constitutive requirement of the crime of traffic accident and also the cause of accomplice of the offense.Fleeing after traffic accident can be defined as after committing traffic accident, the capable offender does not fulfill the duty of rescuing the victims while the victims are still in need of help. The reason for the aggravated punishment of fleeing after traffic accident is not to prevent the offender from escaping legal responsibility and not to prevent from the offenders escaping from the scene and not to prevent the offender from escaping administrative and civic responsibility neither. It indeed tries to urge offender to conform his duty to rescue the victims from the accident. Only in that way, the term can be understood correctly.The fleeing after traffic accident infringes the legal interests and the offender has the intention to do it. It is justifiable to sanction the offense independently. But in our current penal code, the fleeing is not an independent crime. Legal fiction is the way to resolve the controversial issues of the accomplices of the offense.The surrender of the fleeing after traffic accident should concern whether the offender flees after the accident. But it is more than that and it should be noted that it is not the sole standard for the surrender of the crime of traffic accident. The two can coexist in one case. In specific crimes, the identification of surrender should look at the normal aim of the offense; the constitutive requirements of the crime, the normal aim of surrender and also the constitutive requirements of surrender itself.