The Cognizance Of Hit-and-run And Voluntary Surrender

In recent years, traffic accident cases showing a rising trend in China, the increasing number of traffic accidents, not only will threaten the people's health and property safety, but also affect the stability and harmony of society. Traffic accident crime occurred frequently in the real life, the determination of the crime of traffic hit-and-run and the cognizance of the crime of voluntary surrender is one of the difficult problems in the judicial practice. This article describes the case of a traffic accident, and use the relevant theory of the traffic accident to analysis the focus of disputes.This paper is divided into three parts.The first part, will state the basic facts of the case, and show the focus of dispute. The second part focuses on the analysis of the focus of dispute. First of all, to define the traffic hit-and-run behavior, combined with the case analysis of the elements of the traffic accident and escape, to draw a particular act constitute a traffic accident escape; secondly, the current traffic accident crime whether the application of voluntary surrender system in the analysis and put forward their own point of view, the general traffic accident should be applied to surrender system, through the combination of case analysis of the constitutive elements of the crime, it is concluded that the act should be identified as surrender. The third part, writer points out the current defects on the problem of traffic hit-and-run and surrender, and put forward her own legislative proposals,in order to provide a legal standard to solve the traffic accident cases, and to achieve the judicial fairness and justice.