Research Of The Escaping After Causing Traffic Accidents

In recent years,several major traffic accidents happened,such as“7.19"shanghai-kunming high-speed special major accidents,"8.9" Nimu of Xizang special major traffic accident,which caused widely public concern by heavy casualties and property losses.Besides,the common accidents also have a high attention,it is because that with the development of economic society,more people owe their cars,which no doubt result more accidents.According to statistics,in 2015,the number of civil cars reaches at 187781,including 58022 deaths,199880 injures,1.03692 billion direct property losses.Compared with traffic accidents,hit-and-run cases not only disturb the traffic order,but also enlarge the consequences,which means more serious casualties and property losses,so it gives rise to strong condemnation.To crack down on escaping behavior after causing a traffic accident,criminal law and judicial interpretation judged escaping behavior as the aggravating plot of traffic accident,which makes many differences on the issue of cognition in the academic circles,and results the disharmony between the legislation and judicature in handling such cases.By referring the legislative mode of escaping behavior in other countries,I put forward the legal conception on evaluating the traffic casualties escape behavior into sin independently.For deeply the issue,analyzing this paper is divided into four parts.First part,rereading the normal purpose of hit-and-run behavior based on current situation of legislation and the qualitative of law,and drawing the below conclusion:the qualitative purpose of hit-and-run should be to performing the obligations of Rescuing victims.Second part,analyzing the legislative defects of hit-and-run behavior,which are not only reflected in the aspect of theory,but also in the judicial practice,and the judicial interpretation can't made up for the defects.Third part,introducing the legislative mode of hit-and-run behavior in Foreign countries,then it's clear that they have one thing in common,that is they all separate the hit-and-run crime and hit-and-run behavior,which has reference value to adjusting our legislation.Fourth part,analyzing the reasons why hit-and-run behavior can be judged into independent crime from the perspective of criminology and criminal jurisprudence,and then advancing the legislative idea that hit-and-run behavior should be into crime independently.