Escape Behavior In Traffic Accident

According to the relevant departments of statistics, China's annual because the number of traffic fatalities were as high as about 10 million people, every 5 minutes have a man killed a wheel, every 1 minute will have one because of the traffic accident and disability, the case of escape from traffic accidents occurred also showed a rising trend. However, traffic accident escape behavior in judicial practice identification processing, there are still many difficulties. Therefore, this paper tries to starting from the case, compared to the judicial practice and theoretical circles on the issues related to the similarities and differences, combined with his own understanding on the issues related to, give their own views, hope to traffic accident escape behavior problems is to give some help. This article tries to discuss from the following parts:The first part is the case guidance. This section lists two cases, one after the traffic accident on the escape to determine the case, the case of the focus of controversy in the traffic accident, fled the scene is not all identified as the traffic hit and run after the accident? The author thinks that the answer is negative. Two traffic hit and run caused by the death of the case. The case of the differences is that as long as the occurrence of the escape behavior and the death of the results are all identified as "death caused by escape"? The author thinks that the answer is negative. And in the traffic accident is able to set up? I agree with the views of the application of space in the traffic accident. Through these two cases to lead to the subsequent part of the article.The second part is the analysis of the identification of the escape behavior after the traffic accident. This part mainly elaborates on the "escape" of the academic controversy, the elements of the escape behavior, as well as the specific identification of traffic hit and run. The focus of debate in the criminal law field is mainly focused on the opposition of "avoiding the relief duty" and "evading the legal investigation". The author tries to analyze the advantages and disadvantages of two kinds of views, traffic accident escape is defined as: perpetrator knew there was a traffic accident, have the ability to rescue the injured and does not perform the rescue the injured duty behavior, or is human behavior in order to avoid the punishment without warning does not protect the scene of the accident to escape from the scene of the accident. In the specific determination of the traffic hit and run, without leaving the scene of the accident is not the only standard to identify the escape, but also by the behavior of people after the behavior to determine whether the traffic hit and run behavior.The third part is the identification of death caused by escape. This part mainly includes the theory of the "death caused by escape" theory, defined as well as the specific circumstances of the treatment. There are several different views on the issue of the correct "death caused by escape":an accident, the two accident and the second injury theory. The author believes that the above three points of view, two three two points of view, there are obvious defects, in line with the spirit of the legislation only the first point of view. "For causing death due to escaping" defining the problem to pay special attention to the behavior of the human subjective fault, the author thinks that escape behavior on the victim's death results to psychological attitude may be negligence may also be intentional. When facing the complicated escaping death cases, cannot be assumed to escape the victims of acts and death the sum of the "death caused by escape", but to the consideration of legislative intent, escape analysis between the death and the causal relationship, take seriously each case.The fourth part of the case in the case of the traffic accident can be applied to the system of voluntary surrender. Academic point of view of differences mainly include the negative said, the restriction must say three kinds of views. I agree with positive view, that if human behavior after causing a traffic accident, automatic alarm, protect the scene, timely relief of victims, as long as it meets the surrender of the constituent elements should surrender, and expounds the reasons. In addition, in the determination of the crime of traffic accident, should be strictly in accordance with the establishment of the conditions of surrender, and combined with the relevant provisions of the judicial interpretation to be identified.