On Qualitative Issues Of Absconding After Traffic Accident

In recent years, traffic accidents are buried in the potential problem that the number ofmotor vehicles is increasing rapidly. Faced with more and more traffic accident cases, notonly the interests of the majority of people but also social stability and harmony is threatened.Therefore, some provisions are made in the newly amended the Criminal law in1977, andrelevant laws and regulations, including the absconding of perpetrators, death of the victim,an accomplice to the crime and so on. But the content is more a matter of principle and thecases will be different in practice, and investigators have different interpretations of the samesituation, so that different results appear in treatments of traffic accidents. Therefore, theauthor feels that it is necessary to analyze situations that may happen in traffic accidents andimprove them. In this paper, the author takes Xu’s traffic accident as an example, trying tocarry out the cause-and-effect relationship between Xu and Wang’s transposition escapingfrom the accident scene and Du’s death, in order to analyze the conversion situation betweenthe traffic accident crime and intentional homicide, and to discuss the effect of different forceof intervening factors and the complicity in case of traffic accident, then to clear the criminalresponsibility of the perpetrators, in order to be beneficial to judicial practice.This article has the following four parts:Part I: The author makes a brief introduction of the case to elaborate differences andfocuses of dispute in the case.Part II: The author analysis the focuses of dispute presented on the case from a legalperspective: Firstly, the author proposes the essential conditions that conduct traffic accidentinto intentional homicide, and makes not only the distinction between traffic accidenttransforms into intentional homicide and death caused by absconding from subjective andobjective aspects, but also the similarities. Secondly,“several causes and one effect” methodis used to elaborate the effect of the perpetrator’s criminal responsibility. Differentintervening factors may have various effects on causality, so we should analyze theintervening factors’ force when they take effects on the relationship between harmfulbehaviors and harmful consequences. Only in this way can we have an objective basis formaking the right judgments. Finally, the author analysis the conditions of being a traffic accident accomplice and discusses the criminal liability that the traffic accident accomplicesmay assume.Part III: Making comprehensive legal analysis of the above, combined with the specificcircumstances of the case, the author draws conclusions: situations of traffic accidenttransformation into intentional homicide and actions of accomplices of traffic accident. In thissection, the author also analyzes the criminal responsibility that the traffic accidentaccomplices should assume on the basis of the facts.Part IV: The author concludes from the above discussions of the case studies. Criminalabsconding behaviors may result in various charges and intervening factors can take effect onthe perpetrators liability on causality. So when analyzing a case, we should combine specificcircumstances with theories.