On The "Escape" Of The Traffic Accident Crime

As China’s vehicle ownership increased year by year, in convenience to people’s lives but also a serious threat to public safety, traffic accidents increased year by year, the number of deaths in traffic accidents has been hovering at a high. How to effectively control traffic accidents, reduce accident harm has been in all aspects of society to work together in the direction. However, a variety of Traffic Accident Escaping Behavior repeated, ever-changing, so that existing legislation and judicial interpretation is constantly being challenged to recognize the controversial judicial practice in cases of difficult decision, which is bound to justice, legislative intent, etc. bring shocks. Explore the cause of these problems arise through what channels; find the crack of the policy is to improve the theory and judicial practice of a problem. This article is based on the discovery escape type of traffic accident crime problems that exist as a starting point, trying to make some useful attempts.This paper is divided into four parts.The first part is to escape from the crime type the Crime constitute departure, focused on the subject of the crime of the crime, in particular accomplice issues were discussed. A crime against the legal interests focus is research; it can be seen by analyzing the "public safety" is the main legal interests. In addition, the escape behavior itself and the causal relationship between the conduct and results of the focus of research is needed.In the second part of the judicial practice of some typical cases as a starting point, based on the judgment judicial practice typical cases analyzed, after which the criminal law theory of judicial practice some cognitive bias were analyzed, we put forward some measures to resolve the problem and find meaning in their theory and practice.The third part of the escape type of traffic accident crime surrendered problems were analyzed, obtained through the analysis of the subjective purpose should be to escape legal obligation to say is appropriate. Between escape and surrendered complex relationships, analyze the relationship between the two studies is bound to become a problem, especially the escape on the establishment of the surrender. The fourth part is the judicial practice often appear escape type of traffic accident crime and other crimes of some intercourse, transformation, clear escape type of traffic accident crime and the relationship between the neighboring crime is a problem to be based on research. It may intercourse with the crime, including the conversion of charges of dangerous driving crime, intentional homicide, intentional assault and negligence causing death.