The Qualitative Of The Escaping Behavior In Criminal Law

Since transportation hit-and-run behavior formal written Chinese criminal law in1997, ithas always been the hot spot of the Chinese criminal law theory and judicial circles. Thisreflects both the complexity of the hit-and-run behavior itself and also suggests that therelated law set has certain defects. Through a brief introduction of Xiao A’s traffic accidentcase, then this leads to the qualitative of hit-and-run behavior before action, and then on thesubjective and objective characteristics of escape is briefly analyzed, and then through theanalysis of the conclusion to the case raises several issues of thinking, and finally thehit-and-run behavior ought to be qualitative view is put forward.In this article, the text is divided into four parts, a total of15000words.The first part, first introduced the cause of action and the basic facts. And then introducesthe investigators in the case thoughts: whether Xiao A’s fleeing the scene is the Escaping andwhether Xiao B’s behavior that helping Xiao A to escape is a crime, and illustrates the courttrial conclusion.The second part. The first, we find the difference between the traffic offence and trafficaccidents in this paper. Specifically, the concept of traffic offence are contained in the trafficaccident, the difference between the two actors in the traffic accident with subjective faults.Secondly, with the aid of A three-stage crime constitution theory analyzes the hit-and-runbehavior before the behavior that the meaning of traffic offence, and then to the conduct ofthe Xiao A’s behavior. Finally, we do a complete analysis of the escape behavior and thethoughts of the escaper.The third part, through the analysis of the traffic accident and escape the case Xiao A andXiao B shall bear criminal responsibility according to law, and according to the currentcriminal law and judicial explanation to this conclusion. Then by this case raises severalissues worthy of further discussion.The fourth part, from the analysis of the hit-and-run behavior by the nature of theinfringement of legal interest for someone’s life, health, as well as the subjective fault ofhit-and-run behavior for indirect intent argument hit-and-run behavior aspects such as thenecessity of the establishment of an independent crime. And against the crime in the criminal relationship analysis, it is concluded that this crime accomplice is possible instigator and helpmake the conclusion of two kinds of situations, thus forming the hit-and-run behavior oughtto be qualitative specific advice.