On The “Escape” Of The Traffic Accident Crime

Escaping after traffic casualties is common in real life and has caused great social harm. It was set as a statutory aggravating circumstances of sentencing parallel with other bad plot in China’s criminal law(1997). To define the “escape” of the traffic accident crime is of great significance in theory and practice, particularly on sentencing in the application of law. This paper will analyze the “escape” of the traffic accident crime from these four parts:The first part is to define the basic concept of “escape”. This paper endorses that the traffic accident crime aimed at the protection of victim assistance, but the definition of the concept can not depart from the basic meaning of the escape. This paper argues that the “escape” of the transport accident crime refers to the act that the actor knows or should know the case of traffic accidents, is able to rescue the victim but not to perform, and fled the scene or hiding behavior to avoid legal action.The second part is the introduction two kinds of “escape” in the criminal law as the sentencing plot. “Escape act” is independent from the behavior of traffic accident. “escape after traffic casualties” is the aggravated criminal punishment of the basic traffic crime. “Death caused by escape” is the aggregated offense by consequence of the aggravated offense by circumstances. So article 133 of the Penal Code is layer upon layer. In addition, to apply the “escape” upgraded punishment needs the traffic crime composing as a precondition. What’s more, under the discussion and analysis of some traffic casualties cases, the subjective state of “death caused by escape” can only be negligent behavior.The third part is the interpretation and negation about explanation that “escape” is regarded as the traffic crime conviction element. In addition, the behavior of instigating escape should be criminal regulation, but not be regulated as the traffic accident crime. Under the current China’s legislative background, it is appropriate to regulate it as the harboring crime.The fourth part are some thoughts about independent legislative of the “traffic accident escaping behavior”. Traffic accident escaping behavior ’s Independent legislation has the theoretical and practical feasibility. we should set counts and legal punishment reasonably according to our experience and the actual situation of extraterritorial legislation.