The Research About Traffic Accident Escape

China is one of the countries with a large number of automobiles in the world,and the number of traffic accidents are increasing year by year.Escape after traffic accidents is a common phenomenon.Escape increased the chance of death of injured people after traffic accidents,which brought obstacles for the relevant official department of our country to enforce the law.Therefore,escape behavior after the traffic accident should be given severe punishment in criminal law.However,the escaping behavior itself is very complicated.There is various theoretical explanation of escape and the explanation is different and sometimes controversial from both scholars and practitioners.The present paper attempts to give detailed analysis of legal provision about traffic accident and find out the countermeasures of escape after traffic accident.The following several main aspects will be discussed in this paper.First of all,the concept of escape after traffic accident will be illustrated.New definition and the judging standards will be raised based on the analysis of different viewpoints from both scholars and practitioners.The escape after traffic accident will be divided into circumstances of sentencing and circumstances for adjudgment,which will be illustrated separately.The escape behavior belongs to circumstances of sentencing from the legislative original idea.The aggravating circumstances is based on the basic constitution of crime and the aggravating circumstances will not stand alone.This indicated that premise of the affirm of aggravating circumstances for escape after traffic accident is that the escape behavior itself already violated the crime of causing traffic casualties.Secondly,the death caused by the escaping behavior refers to the traffic accident victims including the victims on the accident vehicles.However,other deaths caused by traffic accident during escaping should be excluded.The death caused by the performer during escape should be affirmed as indirect intent.Two conditions should be cleared when we try to affirm the causal relationship between escape and death.First,the escape behaviors take the opportunity of salvage for the victim after accident.Second,the intervening factor will change the causal relationship between escape and death.There is no form of complicity in death caused by escape.Thirdly,there is surrender in different modalities of crime of causing traffic casualties including the crime of causing traffic casualties and escape after traffic accident.The affirm of surrender is not related to escape after traffic accident.Finally,there are necessities to perfect the legal regulation about escape after traffic accident.The present paper sets up the crime of escaping from traffic accident by incorporating the reasonable way of foreign legislation.