Research On Independeng Crime Of Escape Behavior In Traffic Accident

In Chinese criminal and judicial law, there is fundamental defect in current provisions towards escapes. First of all, the loss of its independence, also known as its attached nature, results in defect. This nature limits in the extension with definition of escapes. Therefore, various escapes behavior cannot be punished with effective regulation. Second, the subjection of escapes behavior causes the confliction of defining accomplice in general provisions of criminal law and Traffic Offence. This confliction fundamentally threats the basic theory of joint crime which caused unnecessary disputes. Finally, because of its subjection, the escapes behavior usually is related to crime aggravation of Traffic Offence. Inevitably, this affects the subjective cognizance of escapes behavior in the judicial practice. However,according to the basic principle of aggravated consequential offense, it is not fully conformed with the psychological scenario in reality of escapes behavior, making the definition of escapes behavior even harder. The primary cause of the confliction mentioned here is exactly the dependence of escapes behavior, whereas the rational path to resolve it is to isolate it, to make it an independence offense. escapes behavior completely accords with the basic characteristics of crime in current criminal law of our country. First of all, escapes behavior and simple traffic offense behavior has a significant difference in terms of social harmfulness, which is fundamental reason its calling for independence. Second, escapes behavior has the criminal illegality. It is demonstrated from two aspects. First, the escapes behavior constitutes hazard and dangerous violation of public security, which is objective and undeniable. Second, the escapes behavior itself is valueless. Despite the realistic harm of escapes behavior, it is the clearly a refusal to obligation as traffic accident caused by the current behavior. Finally, escapes behavior should be punished punitive.It is not only necessary, but also feasible to independent the escapes behavior in traffic offence. While our country entering into risk society times, this independent crime definition accords with the requirement of risk society. It is also answer to the trend of the current criminal legislation around the world. In the context of risk society, provisions of crimes in traffic offence should be properly transformed fromthe valueless result to the valueless behavior. And independence of escapes behavior fits the spiritual kernel of valueless behavior. In order to realize the independent criminal behavior of escapes, it is inevitable to reconstruct the relationship between the traffic offence and escapes in traffic offence. Besides, the current terms and provisions of traffic offence requires appropriate modification, so as to rationalize the relationship between the traffic offence and escapes in traffic offence.