Qualitative Analysis Of Traffic Deaths Hit And Run Case

Since the reform and opening up, as China’s rapid economic development,people’s living standards improve, cars are more and more popular, gradually evolvedinto the ordinary consumer goods each family. However, the attendant is continuouslytraffic accident. In China, every day there are tens of thousands of people died intraffic accidents, traffic accidents have become the "killer road", leading to manyfamilies broken up, break up families, have caused great damage to the family, society.Although our whole society in order to prevent the accident did a lot of work, but theeffect is not obvious, the main reason, in addition to the government managementproblems, social awareness of traffic safety has not kept pace with developments, aswell as the driver driving technology is low and other reasons, we also have to reflectvarious defects and problems we the law of. I work in the jurisdiction of the court, thetraffic accident case management in our hospital in criminal cases, accounted forabout2/7. However, in judicial practice, the judicial officers in handling trafficaccident causing death case, tend to diverge in the qualitative analysis, the focus ofcontroversy in the traffic accident crime and crime of intentional homicide onqualitative.The first part of this article through on a traffic accident causing this real casevictim Kim death are briefly introduced, and then sums up the dispute focus of thispaper is: on the XXX is according to the traffic accident crime should be convictedand punished for the crime of intentional homicide.The second part of this paper deals with the law issues involved in the focus ofcontroversy in the case of legal analysis, in this part the author expounds theaggravated crime of traffic accident and traffic accident crime--the death caused byescape and murder the two charges of the basic content, and the traffic accidentescaping death and murder (intentional) were compared, found that the law strict limits between the two, in the judicial practice not to confuse the two, otherwisecannot accurately conviction and sentencing.In this paper the third part the author uses the legal knowledge combined withthe second part of the case analysis of the system, the author thinks, the middle XXXshould to intentional homicide (intentional) shall be prosecuted for criminalresponsibility should not be with traffic accident crime shall be prosecuted forcriminal responsibility, and that ye Moumou behavior does not accord with theconnotation of our criminal law of traffic accident escaping death but withmanslaughter elements.The fourth part of this paper presents the analysis conclusion of the case on thebasis of the three parts, that the China’s current legal provisions in the traffic accidentdeath there is a huge flaw and the insufficiency, also resulting in judicial practice, thejudicial personnel is very difficult to use, is not conducive to the protection of humanrights and the maintenance of the unification of the law, and we should set up trafficdeaths hit and run this crime legislation suggestions.