On The Protected Legal Interest Of The Regulations Of Escaping Behavior After Traffic Accidents

With the development of the modern means of transportation, the traffic accidents increasedand the legislation of criminal laws concerning the transportation emerged too. The hit and runtraffic accidents are prone to occur, and related regulations are under the articles of the “The TrafficAccidents Crime” of the Criminal Law of PRC. But the confliction between the judicial theory andpractice still exists, the key way to solve this confliction is to reach a common understanding abouthow to identify the hit and run traffic accident. It needs to achieve consensus of views towards theprotection of legal interest of the hit and run traffic accident, so that we can make a self-criticism ofthe related difficult problems of judicial practice and guide the legislation of the hit and run trafficaccident.This thesis focuses on the legal interest which the regulations of the hit and run traffic accidentintent to protect, and starts with the discussion of the establishment of the view on the above legalinterest, and examines the related theory by reviewing the difficult cases, so that we can achievethe purpose of reconstruction of the hit and run traffic accident theory. It consists of the followingtwo parts.For establishing the legal interest protected by the hit and run traffic accident regulations,firstly, the view is the legal interest protected is the victim’s life and health, which is inferred by theoperative law and regulations and the legislative reasons. This is the best way to protect the legalinterest of the victim’s life, but the disadvantage is that it explains the key components of thecriminal law improperly and it is inconsistent with the systematic explanation of the criminallaw.After the comparison of theories regarding the hit and run traffic accident, such as the theory ofpublic security maintenance, theory of protection for the rights of civil compensation, etc., itreached a conclusion that these theories and views have their reasonable and right sides, but theirdefects are obvious too. Last but not least, inspired by the view and theory, and according to therelated stipulations, it is confirmed that the legal interest protected by the hit and run trafficaccident stipulations should be “assist identifying the liability of the accident and relatedresponsibility”, this view can not only consist with the existing criminal system which the hit andrun traffic accident stipulations belong to, but also adapt to the difficulty to acquire the evidences ofhit and run traffic accidents and to claim the compensation, and can consist with the principle of“nemo tenetur se ipsum accusare”(non self-incrimination), so “assist identifying the liability of theaccident and related responsibility” should be the legal interest protected by the hit and run trafficaccident stipulations.As to the part of reconstruction of criminal law regarding the hit and run traffic accident, it reviews the difficult problems from the judicial practice by the view of legal interest protected bythe regulation of the hit and run traffic accident, accordingly, to reconstruct the substantialcomponents of the hit and run traffic accident crime, and to reflect the issue of the independence ofthe hit and run traffic accident crime. To review the difficult problems from the judicial practice bythe theory of legal interest protected by the regulation of the hit and run traffic accident,it needs theoffenders to acknowledge the traffic accident behavior accordingly when confirming the offence ofhit and run traffic accident crime. If the offender had the just reason to leave the scene and assistedto clarify the liability of the traffic accident in time, and if the offender accepted the responsibilityand helped to identify the liability of the accident, then it is not proper to identify as the offence ofthe hit and run traffic accident crime.Thereby,thes understanding of the related juridical practice isunified, and that can guide the related judicial practice. The substantial components of the hit andrun traffic accident crime are reconstructed by the guidance of the theory of the legal interestprotected by the regulations of the hit and run traffic accident, and reflect the direction of therelated legislation. The suggestion is the independency of the hit and run traffic accident crime, andtry to simplify the related regulations and to establish the legal interest protected by the regulations.