Criminal Law Regulation On The Escape Behavior Of Traffic Accident

In recent years, with the frequent traffic accidents, It is often seen instigate crumbled escape behavior. Social harmfulness of this kind of behavior has gradually attracted people’s attention, some problems of the Supreme People’s Court issued in November 10,2000 on the trial of criminal cases of traffic accidents in the application of law interpretation "is developed in this situation. However, the letting the perpetrators escape behavior of traffic accident crime punished for judicial interpretation of the introduction is criticized by scholars. Although there are some voices of support, because the argument can not be justified and difficult to have a place to live in. Not only that, scholars have held a negative view of jumping out of the traffic accident crime category, find another the way, to the existing charges as the basis for the perpetrators escape behavior are different to the qualitative. These views have merit, but also save In the ordered escape behavior evaluation is not comprehensive, contrary to the defects of the basic theory of the criminal law, it is difficult to of letting escape behavior of a reasonable and clear criminal law regulation.The provisions of article 353rd of the criminal law by referring to "abetting drug crimes", that can be ordered the perpetrators escape behavior to independent abetting crime, namely the establishment of "abetting the traffic accident to escape crime." the legislative design about the crime, the author does not stick to the original provisions, but on the basis of this crime to be perfect. The composition, in charge of personnel, the motor vehicle owner, contractor and passengers on the basis of these four types of conviction and identity, increase this kind of close relationship with the main perpetrators. The punishment to expand the scope of traffic accident crime has been abetting all basic crime people escape acts, will no longer be the victim for don’t get relief and death as a result of the elements, the constitution of the crime and the crime of infringement object includes only the normal activities of the judiciary, not including the victims of the right of life and health. This setting is against the instigator of abetting escape behavior, safeguard judicial organs prosecution. The normal criminal liability, for abetting general circumstances of the crime punishable by relatively light punishment, to avoid the traffic accident caused by the previous behavior results due to the instigator, achieve proportionality, safeguard judicial justice. For knowing the victim is not timely rescue danger severity of injury or death, still instigates the perpetrators escape, causing the victim serious disability or death to the crime of intentional injury or the crime of intentional homicide crime. This is the criminal law suiting punishment to thoroughly implement the principle, also punish subjective malignant increase abetting acts, inevitable requirement to guarantee the victim’s right to life and health.