Traffic Accident Research On Offense

In modern society, along with the trend of rapid growth of the various modes of transport, in a variety of convenient life, it also brings a certain amount of social risk. Traffic Accident In recent years, an upward trend, Casualties phenomenon also endless, leading to some accident victims died due to lack of timely relief, or its development for heavier damage from mild injury. As a common traffic crime, crime-prone, its punishing based on the current133of the Penal Code In addition to expanding the scope of the main terms and conditions on the basis of79criminal law, but also new Traffic Accident "escape" and "escape and cause death" provisions. This legislation an express provision of the "escape" situation, increase the punishment, in order to achieve the purpose of assisting the wounded in a timely manner prompted perpetrators. However, the terms of the provisions of the traffic crime certain inadequacies, resulting in the controversial practice of "Causing death" theoretical difficulties applicable. After the promulgation of the Supreme People’s Court,"the interpretation of a number of issues on the trial of the specific application of the law of the Traffic Accident criminal cases"(hereinafter referred to "explain"), the theoretical disputes about the hit and run did not subside. The interpretation of the escape behavior divided one constituent elements for the establishment of a traffic accident crime. However, according to the provisions of Article133of the Criminal Code, constitute a crime of escape is just one of the aggravating circumstance for sentencing, which directly resulted in the criminal law in conflict and contradictions, caused by the behavior and understanding around the Accident judicial practice, produce the same sin of different penalty situation. I think, in our country, there are charges can’t be a good solution to traffic accident escape behavior, the Traffic Accident behavior must be classified as a separate offense, completely stripped from the original traffic crime, provisions for a separate traffic accident escape sin.