Research On The Problem Of The Crime Of Traffic Accident

In the moment of traffic accidents occur frequently,he following traffic "hit-and-run"behavior gradually become the major and difficult issue in the traffic accident crime.In the judicial practice,there are a lot of differences in how to judge and comprehend these issues,and therefore it is necessary to conduct in-depth and detailed study of the crime of traffic accident.After the traffic accident,the perpetrators are under obligation to rescue the victims and protect the scene.However due to the human nature of making use of profit and avoiding loss,the perpetrators fled the scene to evade responsibility after the accident,which cause huge losses to the victims,and hinder the handling of the accident.In order to punish this kind of evil ways,the perpetrators are sentenced to aggravation of the traffic accident crime according to the criminal law.Treating the traffic accident crime and escaping behavior as a singal crime is widely criticized in the theory and practice.In this paper,we focused on this background of this dilemma,and propose the addition of the crime of traffic accident and non performance of relief,and hopefully to improve the traffic accident crime legislation.This thesis is divided into four parts.The first chapter is the first part of the thesis,talked about the main overview of China's current judicial situation about traffic "hit-and-run"behavior,and elaborated the typical case of the existence of controversy and the cause of doubt.The second part consists of the second,third and fourth chapter,which respectively analyzed the controversy about the protection of the legal rights and interests of the punishment of the criminal law,the dispute about the breach of the escape,and the dispute about the nature of the escape behavior.The fifth chapter is the third part of the thesis,which was about the necessity and feasibility analysis of the addition about the crime of traffic accident and non performance of the rescue,reconstructed the traffic accident crime,and put forward the relevant legislative proposals to the addition about the crime of traffic accident and non performance of the rescue.