Traffic Accident Escapes Behavior Analysis

With the development of economy, the traffic is improved tremendouslywith the increasingly larger number of cars. However, the yearly risingtraffic accident incidence makes traffic accident crime a common criminalcase. As an important and difficult point of traffic accident crime,escaping after traffic accident is nothing new. The theoretical communityof the Criminal Law and the judicial practice community still holdcontroversial viewpoints on it. This thesis will focus on traffic accidentescape behavior and will have analytical demonstration with threechapters.Chapter1analysis the traffic accident escape behavior as acircumstance for a judgment in accordance with the Super People’sCourt’s Explanation. First comes how to judge a traffic accident crimewith specific case analysis. Then, the author will analysis the weaknessesof taking traffic accident crime as circumstance for a judgment. Finally,an improvement of traffic accident escape behavior as a circumstance forjudgment is proposed. The author holds it that the escape behavior as acircumstance for a judgment of traffic accident crime should be canceled.Before the new, legal provisions come on, the court should take acomprehensive consideration of the seriousness of the accident, thesafety condition of the troublemaker, the loss of the victim and the socialharmfulness.Chapter2analysis the traffic accident escape behavior as acircumstance of sentencing in accordance with the Super People’sCourt’s Explanation and the133th provisions the Criminal Law. First comes how to judge a traffic accident crime with specific case analysis.An analysis demonstrates on the troublemaker escapes after the accident,but later he surrenders himself to the justice. Then, the author willanalysis the nature the traffic accident escape behavior as a circumstanceof sentencing in accordance with non-offender. It should be thenon-offender of the criminal law, and the nature of this non-offendershould be pure non-offender.Chapter3analysis the related question of escape caused death. Firstintroduce the definition and judicial nature of escape caused death whichshould be an aggravated offence by circumstance. Secondly, introduce howto define a escape caused death with specific case analysis and analysisescape caused death from both subjective and objective perspectives.Finally, distinguish the traffic accident escape caused death with murderand offence public security, further the understanding of trafficaccident escape caused death.Based on the criminal law and the provisions related to trafficaccident escape behavior in the judicial explanation, this thesisanalysis the traffic accident escape behavior in accordance with legalprincipal and specific case. The author points out the weaknesses of theSuper People’s Court’s Explanation and proposes a improvement in theexpectation that it will be helpful for solving the practical judicialproblems. Analyzing the traffic accident escape behavior as acircumstance for a judgment and escape caused death further theunderstanding of traffic accident escape behavior and instruct thespecific case in judicial practice.