Discussion On Some Problems Of Traffic Accident Crime Identified

With the rapid development of our economy and society, the growing prosperity of transportation industry, transport has increased year by year, which brought a lot of convenience to people’s travel and greatly improved the people’s living standards. At the same time, however, the incidence of traffic accidents is increasing year by year, especially in recent years, newspapers frequently reported serious traffic accidents and many people were injured in these accidents, scholars and civilians paid great attention to crime of causing traffic casualties. At present, the main legal instrument for traffic cases are the provisions of Article133of the Criminal Law of the People’s Republic of China and the judicial interpretation of the Supreme People’s Court. In real life, the traffic cases often happens and very complex, only in accordance with the existing laws and the judicial interpretation can not solve the problems in the theory and practice. Therefore, careful and detailed study of crime of causing traffic casualties is very necessary. This article is divided into three parts, identification of the hit-and-run behavior, joint crime, voluntary surrender in crime of causing traffic casualties. On the basis of theoretical studies, focusing on to discuss the difficult problems in the judicial practice.Criminal Law of the People’s Republic of China provides three different grades of statutory penalties to punish crime of causing traffic casualties, which two legally-prescribed circumstances of sentencing related to the hit-and-run behavior. When dealing with the case of crime of causing traffic casualties, the judge of hit-and-run and related problems are the key points. Hit-and-run refers to such an act that the troublemaker escape the scene of the traffic accident after a traffic accident, and do not accept the legal punishment.According to the judicial interpretation of the Supreme People’s Court, ordered the perpetrator escape after a traffic accident, causing the victims to death due to lack of relief, sentenced to the instigator of the crime of causing traffic casualties. This provision is clearly contrary to the theory of Joint Crime, even in the theoretical background of the admission of coprincipals in negligent offence, is unreasonable. How to punish the instigator is worth further exploration.Whether he is a surrender, if the behavior can alarm and confess sincerely after causing a traffic accident. To determine whether a person is a surrender, does not need to consider other factors, only need to determine the perpetrator’s behavior meets the constituent elements of voluntary surrender, namely the behavior of people as long as they meet "alarm" and truthfully confessed his crime, the two statutory conditions, should be established to surrender.