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Traffic Accident Escape Problems

Posted on:2013-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:T Z QianFull Text:PDF
GTID:2266330422957830Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the transport activity, behavior person hit-and-run case it is often seen., itsgreat threaten and against the victim’s life and property safety. And to the judicialorgans to increase this is. In order to crack down on escape behavior of social harm,"criminal law" in1997will" escape" and" of" death caused by escape definedrespectively as the aggravated punishment of crime of causing traffic casualties. In2000the Supreme People’s court through the trial of criminal cases of trafficaccidents" on several issues of concrete application of law"(hereinafter referred toas" explain explanation") on both meaning and related criminal substanceidentification problem also made specific provision. But unfortunately, thelegislation is sketchy and" interpretation" of the defects, to the judicial organs tobring a lot of execution is. Thus, a comprehensive and systematic study of escapingbehavior after causing a traffic accident and the related theoretical issues, to theperfection of the criminal legislation and judicial practice is of great significance tothe correct application of.This paper consists of five parts: the first part, traffic accident on the" escape "the conduct of definition; advocate from escaping the obligation of relief angledefinition of" escape" behavior; to escape behavior of three different kinds ofclassification. A summary of its development history, analyzes the escape behaviorof social harmfulness, and puts forward four kinds of circumstances to escape theproblem. The second part, that traffic accident escape behavior should be prescribedcircumstances of sentencing, the escape behavior without the restrictions of time andspace. The third part, first defines the concept of death caused by escape," causingdeath due to escaping" is the traffic accident crime with aggravated circumstances ofthe crime. Among them," people" the scope of the object first restricted to thoseinjured in the accident; the death caused by escaping with the crime of abandonment,the relationship between the crime of intentional homicide. The fourth part, discussesthe traffic accident cases in the common crime concept, characteristics, and discussesthe joint negligence crime. The fifth part, that traffic accident escape behavior in the presence of the surrender, and according to the different situation of surrenderestablished the conditions of surrender. The sixth part, discussed our country to setup the traffic accident crime necessity, and pointed out the concrete conception...
Keywords/Search Tags:Traffic accident, Escape, The death caused by escaping, Commoncrime, Surrender oneself, Traffic accident crime
PDF Full Text Request
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