The Cognizance Of Traffic Accident Crime Of The Cases Along With The Plot Of The Escape

Traffic accident crime is a multiple crime in judicial practice.The explanation of the concrete application of law concerning the trial of criminal cases of traffic accident, made by the supreme people’s court, have made the corresponding provisions to the cognizance of traffic offences and processing in a different case. But in front of the vivid practice, the law is always pale. The status of different traffic accident cases always pushed some new problems to the rule, test its correctness and rationality. When there are escapes, the cognizance of traffic accident is always a difficult problem. Especially,when actors’ violating traffic transportation management regulations of the plot is quite mild, even have not violate any traffic transportation management regulations before the accident, For whether the actor’s behavior constitutes traffic offences, the academic circle and judicial practice are controversial. This paper, taking a "Shen and Wang’s traffic accident case " as an example, mainly studies how to identify traffic accident crime with respect to a case that exists escape case. The full text is divided into four parts, a total of about 17000 words.The first part mainly elaborates the basic situation of the case. First of all, through the courts, the case this paper introduces the basic information of the disputing, it will carry on the comprehensive introduction of the case, and extract the three following controversial focus: Whether can escape behavior become the practice of traffic accident crime behavior? How the plots of escape affect the conviction and sentence of traffic accident? How to distinguish accident responsibility in traffic accidents ?The second part, which is the theoretical foundation part of this article, focuses on the legal analysis of the focus of controversy related to the case. Firstly, the paper clear that the practice behavior of traffic accident crime refers to the violating traffic transportation management regulations and cause a serious accident. The escape rafter the traffic accident is a kind of behavior that behavior does not perform its obligations to the rescue of the victim and avoid to accept the handling of the obligation by law, knowing that their behavior caused the traffic accident. As it has no causality in criminal law with traffic accident, the escape behavior can’t become the practice of traffic accident crime behavior. Secondly, this paper discuss the nature of the escape behavior under different circumstances, and point out that the escape behavior is elements of civil responsibility, administrative responsibility in some cases. The escape behavior are elements of the traffic accident crime constitutive requirements in some casesThe escape behavior are aggravating circumstances of traffic accident crime in some cases. The escape behavior are aggravating sentencing plot elements of the traffic accident crime in some cases. Finally, this paper discuss the accident responsibility in the traffic accident, and infer the meaning of "responsibility" refers to the traffic offense behavior person to the role of the traffic accident and the offender’s fault by comparing the traffic accident responsibility identification of administrative law enforcement. And then come to the conclusion that accident responsibility cognizance of traffic accident can only be made finally by the judicial organ from two aspects of reason and responsibility plot. For cases with escape situation, The accident responsibility should also be comprehensively consider the role that traffic offense behavior play in the traffic accident and the offender’s fault degree,Instead of Imposing behavior person take full responsibility for the accident or the main responsibility just for his or her escape.The third part makes a concrete analysis in the case and come to the conclusion. This part is in combination with the second part based on the analysis of the legal debate focus on analysis of the case, and come to the conclusion that object to Court rulings of the case, as Shen and Zhang don’t violate traffic offences.The fourth part expounds mainly the research of the case. Through the analysis of the case, the paper get a revelation that the judicial authority should decided whether behavior constitutes a crime by using the theory of crime constitution, neither can they mechanically enforce judicial interpretation nor blindly pursue road traffic accident responsibility identification. And put forward suggestions to perfect the relevant judicial interpretations.