Legal Analyze Of Employing "Scapegoat" After Traffic Accidents

The scapegoat cases were more frequently found among traffic accident crime cases. In judicial practice, the scapegoat is punished by the law, but it rarely refers in the law about traffic perpetrators using the "scapegoat" after traffic accidents. On the scapegoat punished, there was two divisions. There had been some controversy on how to qualitatively judge and penalize traffic perpetrators using the "scapegoat" after traffic accidents. Some people thought using "scapegoat" afterwards as the afterwards act of impunity. Some argued that using "scapegoat" afterwards as an extension of escape behavior and should be evaluated as traffic accident escape plot, in other words convicting as traffic crime along; while some argued that using "scapegoat" was far beyond what escape behavior could cover, damaging the judiciary order, thus such behavior should be convicted as a joint of traffic crime and impairing testifying. How to qualitatively judge and penalize traffic perpetrators using the "scapegoat" after traffic accidents?About this question, it involved with related theories as identifying the quantity of crime afterwards act of impunity and the theories of escaping behavior after traffic accident. By analyzing the nature of employing "scapegoat", this paper looked deep into the establishing conditions of afterwards act of impunity, discussed the essential elements during the process of identifying the quantity of crimes concluded combining with the case, scilicet employing "scapegoat" after traffic accidents should not be generalized. We should be handle in two aspects. At first, we should consider whether there is need for assistance to victims on-site. Then, we should consider whether the scapegoat is the accomplice. As long as the comprehensive consideration of these two aspects, we can solve this question.The traffic accident is likely to involve the three areas of civil, administrative and criminal, so it is very complex and diverse. It is very important to study accurately this problem for the judicial organs normal litigation activities. At the same time, it has great significance to perfect the relevant laws and regulations of traffic accident.