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Research On Escape Cases In Traffic Accident Crime

Posted on:2018-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:S J LiuFull Text:PDF
GTID:2336330515470071Subject:Law
Abstract/Summary:PDF Full Text Request
Now,people is becoming wealthy,the number of motor vehicles doubles,the number of traffic accidents will inevitably increase,and the number of traffic accidents will inevitably rise.Frequent traffic accidents have seriously affected the people's property and safety of life.And escape after the traffic accidents is to increase the social contradictions,affecting social harmony.To make full use of the general prevention and special prevention of criminal law,to reduce the traffic accident and the occurrence of escape after the accident,we need to correctly apply the crime of traffic accident.The most controversial and the most difficult question to apply for the crime of traffic accident is the identification of escape.The main research method in this paper is the case analysis method.The high crime of traffic accident crime,so that there are all kinds of cases can refer to the case analysis.This article also uses a comparative method.Now China this stage,foreign has long been spent,the domestic law on the provisions of the escape to the Chinese law provides reference material.There are three "escape" in the criminal law of the comprehensive criminal law and the interpretation of the crime,the first of which is the judicial interpretation of the provisions of the crime of traffic accident in the conviction;the second and third are criminal law Of the provisions of the crime as a traffic accident aggravating the plot,in the sentencing role."Escape" in the process of the crime of traffic accident through the conviction and sentencing,you must first three "escape" and the relationship between the crime of traffic accident to sort out clearly.The first part of this article will be the three "escape" the source and the crime of the crime of the relationship between the description of the crime.According to the different roles of escape,"escape" is divided into conviction in the escape and sentencing in the escape,which is the second part of this article and the third part.The expedition in the conviction is a matter of judicial interpretation,which will advance the aggravating circumstances of a criminal law to the process of criminal conviction,which may go beyond the jurisdiction of judicial interpretation.First,the rationality of the escape in conviction is analyzed.In the specific application process,there are two problems in the "escape" in the conviction: 1.The difference from the "escape" in sentencing;2.Criteria for the identification of traffic accident liability.Sentence in the "escape" including the escape after the escape and escape to death,these two escape can be seen as a whole,escape to death is the result of the escape after the incident aggravated.The first part of the article has been analyzed,sentencing in the "escape" and the crime of traffic is a combination of guilty,so that after the escape has its own independent crime,and the crime of traffic accident is mainly subjective crime and criminal behavior The After the accident,this part of the main analysis of its crime and subjective crime.The most controversial and difficult problems for the determination of the death of the escape are: 1.Subjective sin;2.The causal relationship between death and escape,and the discussion of these two issues TheThis article is mainly on the three "escape" of the criteria for my own views,accurate identification of escape,play the general prevention and special prevention of criminal law to reduce the emergence of escape behavior.
Keywords/Search Tags:Traffic accident crime, escape, escape to death, conviction, sentencing
PDF Full Text Request
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