Traffic Accident Escaping Behavior And Its Legal Regulation

In recent years, with the case of escaping from traffic accident is rising, thehit-and-run problem gradually become the focus of the criminal law theory andcriminal justice in China. After the accident occurred, the perpetrator of the incidentchoose a wrong thought in passing drive away, not actively fulfill their obligation tosave lives by minimizing property losses. According to the current laws andregulations of our country, I think there are two kinds of hit-and-run behavior,including the escaping behavior constitute traffic offences and the escape behaviorhas not yet constitute a crime, which respectively is regulated by the criminal,administrative and civil law. In the short term, the provisions of the current legislationof hit-and-run behavior can only play the role of treats, can’t fundamentally eliminatethe escaping behavior. In the escaping behavior constitute traffic offences,deliberately escaping behavior is judged as negligent crime of traffic accident of theaggravating plot in criminal law and judicial interpretation, which makes manydifferences on the issue of cognition in the academic circles and judicial practicecircles. The legislation and judicature is not harmonious which handling such cases isnot uniform in the judicial practice. Similarly, the legislative models in escapingbehavior isn’t regarded as crime, which not only reduces the illegal cost ofhit-and-run behavior, at the risk of indulgence of crime, but also affect the operabilityand social effect in the execution of criminal law. The escape behavior poses a greatthreat to people’s lives and property safety, in the current rampant situation,prohibition of escape behavior but repeated increasingly. In order to fundamentallyachieve the purpose of prevention hit-and-run behavior occurs, more detailedrequirements about legal regulation of the traffic accident escaping behavior are putforward to us.Theory comes from practice and applies to practice. Firstly, I set out to currentlegal provisions in practice, from the aspects of criminal, administrative, civil law regulation of relevant laws and regulations to sort out and summarize. Explainingprofound theories in simple language to the current traffic accident law escapebehavior for analysis and evaluation, points out that the vulnerability and discordbetween the legal regulations, laying rule of law practice tone for third departmentwhich puts forward constructive suggestions to the legal regulation of traffic accidentescaping behavior. Secondly, I will carry on the discussion in theory to “theclassification of the escaping behavior”,“the escaping behavior constitutes a crimewhether or not depends on his previous behavior of the incident constitutes a crime”,“by the analysis of the death resulted from escaping crime” and by social widespreadconcern in the last few years “For analysis several problems for people ‘top package’in the traffic accident”, which summarize the relevant escape behavior from thepractice for theoretically of discussion. I not only in order to lay a theoreticalfoundation for the following reads which puts forward specific suggestions forconstructing the legal regulation,but also to state new views of myself by illustratingand clarify the ideas of the theory controversy. Through the discussion of the formertwo parts, I intend to introduce all the problems into traffic offences is the premise ofthe hit-and-run constitute a crime, meanwhile, the seriously injured of traffic casualtywhether reaching more than one person or not is the premise of traffic offences. Sothe conclusion issued by the testimony of the forensic expert in police is the key todecide whether the perpetrator of crime or not. Such judicial practice will inevitablylead to many puzzles come into theory and the unified theory also in turn leads tolegal application problems in judicial practice. Finally, I will own my furthersublimation theory in order to guide legal practice. By analyzing and summarizing thesuccessful experience about the legal regulation of traffic accident escaping behaviorin other countries and other regions for reference, I put forward the legal conceptionon evaluating the traffic casualties escape behavior into sin independently, on thebasis of that, I further put forward concrete recommendations for repairing in civiland administrative regulations necessarily. I boldly propose the fine and revocation ofdriver’s license are introduced into the criminal penalty as a supplementary punishment in order to broaden the channels of the legal regulation of the hit-and-runbehavior, provide a new perspective to solve difficult problems of escaping behaviorin the legislation and judicial practice and also put forward the feasible approachesand path for applying the law in the judicial practice.