The Traffic Accident Escaping Death Research

With the development of economic, the frequency of traffic accidents every year to rise gradually, face the complicated crime, from the theory to clarify, can effectively prevent and control crime, it has great practical and theoretical significance. This article from the traffic accident escaping death in the controversial points, for the problems in theory and practice were discussed, and proposed the establishment in China of traffic accident crime tentative idea, in order to handle such cases help.This paper divided into six chapters. The first chapter is the introduction, introduced this article writing motive and purpose. The second chapter is an overview of the traffic accident escaping death, analysis of the traffic accident causing death due to escaping the meaning, scope of application and exceptions. The third chapter discusses the traffic accident "death caused by escape" crime constitution, mainly from the subject of crime, subjective aspect, the object, objective aspects, that escape behavior and the behavior is two kinds of different forms of crime, shall escape behavior criminate separately. The fourth chapter discusses in the judicial practice problems, mainly escaping death and not as a crime of intentional homicide distinction, escaping death in accomplice, to perfect our legislation. The fifth chapter put forward our country to additional traffic accident crime legislation. In charge of, sentencing, law, law application, and put forward some suggestions, in order to improve China’s relevant provisions. The sixth chapter is the conclusion, this paper discusses "the death caused by escape" can only be negligent crime, and the analysis of other similar crimes, thus to distinguish between this crime and other crime, and the last analysis of "the death caused by escape" on some special problems, thus better in our country puts forward some legislative proposals, also put forward the establishment in China of traffic accident crime tentative plan, and has carried on the concrete analysis.