The Brief Analysis Of Evaluation Of The Plot Of Escape On Criminal Law

In the social daily life, traffic accident crime is a kind of typical, common and frequent criminal types。Traffic accident cases along with the plot of escape, are focus of the attention and the difficulties of the judicial organs to handle such cases. In judicial practice, accident responsibility identification, made by the public security traffic management department, in fact has become the main basis of conviction and sentencing for the judicial authorities made a ruling on the case, causing in the disadvantages of the power of the government "kidnapping" jurisdiction in the process of handling such cases in a sense. The author intended to Zhang traffic accident case as an example to analyze in traffic accident crime constitution system "escape" in the sense of criminal law, so as to provide reference for the similar cases. Traffic accident as a kind of administrative crime, the offender is closely related to the assumption of criminal responsibility and administrative responsibility, but the distinction that having essence, the responsibility of the public security traffic management departments to make that cannot be directly taken as the basis of case evidence or criterions for the conviction. To "escape" present situation of the traffic accident cases, we shall strictly adhere to the provisions of the criminal law,analyze the essence value of criminal constitutive requirements,and clear "escape" as a status crime constitutive requirements and legal punishment plot legal connotation and the suitable conditions under different situation, and emphasis on Emphasis on their status and role, both the actor’s subjective fault and the causality in criminal law between behavior and results, in the case of conviction and sentencing. Only by strictly distinguishing its responsibility can we accurate cognizance of crime.