Research On The Crime Of Escape

"Criminal Law " Section133and the Supreme People’s Court " on the trial ofTraffic Accident Specific Application of Laws issues of interpretation"(hereinafterreferred to as "interpretation") on Traffic Accident legal provisions and judicialinterpretation of applicable cases from accurate to a very good guide. With China’srapid economic and social development, the automobile consumption has entered thepeak period, the vehicle to bring convenience to people’s lives at the same time,traffic accidents also increased year by year. It can be said traffic accident hasbecome a major social ills. Among them, the perpetrator Traffic Casualties harmcaused by more serious consequences, affecting even worse. Especially the“Hangzhou5.7car accident case” and “Chengdu Sun Weiming drunk accidentendangering public safety case” and other cases, caused a strong social reality and theInternet, widespread attention. Under the framework of the existing criminal lawprovisions of the Crime can not fully meet the needs of real cases. This paperattempts to analyze the traffic accident to “escape” in a number of difficult problems,make their own humble opinion, to the understanding of the Crime " Escape " Somepractical significance.The full paper nearly thirty thousand characters, sub-introduction, body,conclusion of three parts, the text is divided into four chapters.This paper will count from the traffic accident on the analysis of a typical casestudy of the " Traffic Accident penalty essence","traffic accident (escape) accomplice,"" Traffic Casualties "," Causing death","traffic surrendered after hitand run "is defined, and several other difficult traffic Accident crime Research andAnalysis of complex issues to explore in order for traffic Accident-depthunderstanding of relevant issues and to benefit judicial practice.The chapter1is the basic problem Traffic Accident. This chapter is divided intothree:the penal nature of escape behavior, the definition of Traffic Accident, findsCasualties of standards, focuses on escape behavior, Traffic Accident, Casualtieslinks and differences between the definitions. First discuss the nature of the escapebehavior of the Penal Code, and then analyzes the nature and escape escape behaviorand traffic offenses of the relationship, and finally presented to the Traffic Accidentfinds keywords. And I agree with vividly expressed the recognition point of view. Asdiscussed in later chapters lay the foundation for the expansion, congregate.chapter2is the Crime (escape) Accomplice is divided into two. Are commoncriminal negligence in the current situation of China’s legislation and practice, andthe existence of a common traffic crime criminal negligence controversy. This chapterbegin with our current criminal law does not provide for common criminalnegligence, and does not endorse the traditional theory of criminal law negligenceaccomplice to start, followed by a switch on the front, comes to the Supreme Court"interpretation" has unit officers, motor vehicle owners, contractors four groups ofpeople, or people who ride the provisions of the Crime accomplice. In the trafficaccident occurred, the four principal may pursue other interests in order to set aserious threat to the safety of the victim at the cost of forcing or directs motor vehicledrivers who escape. If the indulgence of such acts, Traffic Accident will show worsetrend. The author of this chapter, an attempt to provide a theoretical and practicalbasis, in order to prove the presence of traffic accident crime accomplice to providestrong support.Chapter3named Traffic Accident behavior. This chapter is divided into four, isthe largest section of the thesis carved chapter. Crime Section of the duty ofassistance, Section Traffic Casualties acts specifically identified, section III,"Causing death" behavior specific problems identified, the fourth quarter after Traffic Accident surrendered. This chapter start perpetrator traffic accident after the accident,regardless of the size of victim injury level, and regardless of whether the structurewhen the accident crime, have a statutory duty of assistance as a starting point,combined with specific cases, respectively, after a detailed analysis of traffic accidentescape behavior of ordinary " causing death" behavior of these two statutoryaggravating circumstances. Final analysis of Traffic Casualties statutory mitigatingcircumstances-to surrender. The four subsections discuss different issues, with acertain independence, but are in the analysis of the behavior of Traffic Accident underthe premise of each other closely.Chapter4traffic accident identified (escape) the judicial review set.Responsible for that accident in a total of judicial review of the effectiveness of thejudicial practice of responsible for that accident, a total of two sections. The firstsection discusses the public security authorities issued the effectiveness of road trafficaccident, as well as with the court, the Procuratorate of the relationship betweenjudicial review. Section2, the author through his handling of cases, confirming thefull review by the judiciary, the right to deny the existence of illegal material defectsor road traffic accident.