Discussion Of The Death Caused By Escape In The Crime Of Causing Traffic Casualties

Traffic accident crime is a frequently occurred nowadays,the number of such cases increased with years,seriously endangering the lives of citizens.In the judicial practice of China,the runaway of the traffic accident in order to evade legal liability,so they escaped.This will lead to the victim's death because of timely and effectively rescue,at the same time,it is difficult to solve the case.To control the crimes effectively,to further investigation and affix the troublemaker's responsibility and to protect the victims,the amendment to article 133 of the Criminal Law in 1997 made rules about "the death caused by escape" and provided the legal basis for our country solve this cases.At present,in the criminal law the crime of causing traffic casualties have three provisions,and they apply different statutory punishment respectively.The first clause is the basic provisions of the crime of traffic accident,the second clause is the escape after the traffic accident provisions,the third clause is "the death caused by escape".The various results of the escape led to different sentencing which in the clauses 2 and 3 of Article 133 of the Criminal Law,but the legislators enact the death caused by escape to replace the complicated practical problems,and it made the conviction difficultly in the judicial practice in the crime of causing traffic casualties.Therefore,Supreme People's Court issued "Interpretation on Several Questions of Law Application in the traffic accident criminal cases".Although the definite regulations have been stipulated in Article 133 of Criminal Law and its judicial interpretation,but this theory is still questioned and the different opinions in its nature result in the different remedies in the judicial practice.Therefore,there is controversy between the theory and practice on identify and deal with such cases.The in-depth study of the plot of "the death caused by escape " will help to apply the provision correctly,thus complying with the principle of legality and criminal responsibility.This article intends to proceed from the basic theory of criminal law,from the point of view to the theoretical interpretation,and from the case to the judge evaluation and anylysis.Systematically analyze the investigation and punishment of"the death caused by the escape",and correctly understand the legislative purpose of it.So the author of paper will put forward some views on the solution of difficult problems in practice through the discussion of relevant theoretical problems.This paper is divided into four parts:The first part is the study of this problem,from the typical case to find and understand the questions of judicial practices.From our judicial practice select the traffic accident which lead to the injured party's death by escaping,after that,we can analyze the logic ideas of the judgment according to the court judgment.Through the judgment,found the similarities and differences of the judge's logical ideas and the criminal law theory,and then explore what is and what should be.Through the case analysis and judgment interpretation,this paper puts forward three questions to be discussed in this paper:whether the establishment of "death caused by escape" is based on the premise of the crime of causing traffic casualties;How to distinguish between the type of behavior of the death caused by escape and the act of committing the crime of intentional homicide in the case of traffic accident;the question about how the interventional clause to affect the causal relationship of the death caused by escape.The second part of this paper is the interpretation of the cause of death caused by escaping.Based on the premise of Criminal Law and the related judicial interpretation,through the introduction of different views on the establishment of"the death caused by escape" in theory,on the basis of correctly understanding the meaning of "the death caused by escape" and its legal nature,the author of this paper comment on the views of the various theories and then obtain the view which the author agreed with.It is neither an aggravated consequence crime nor a plot aggravated offense,its legal attribute is independent of the traffic accident.It is not the establishment of the crime of traffic accident as a prerequisite.It is in line with the provisions of the Criminal Law and the judicial interpretation and the situation in judicial practice.The third part of this article is the distinction between "the death caused by escape" and intentionally homicide which the type of behavior are different.This paper hopes to analyze the court 's decision idea through the case analysis to discuss the boundary between the behavior of the "the death caused by escap" and the death of the person who does not act as intentional homicide in the traffic accident.The theoretical analysis of the constitutive elements of the intentional homicide is different from the establishment of the death caused by escape.In this paper,the difference between the two acts is that the behavior of the perpetrator is in the exclusive position of the victim's life,and his behavior is equivalent to Intentional homicide.The fourth part of this article is to discuss the intervening causal relationship.In judicial practice,the traffic accident caused a serious injury people,the perpetrators of escape,then if there are intervention factors,when the intervention factor interrupted the causal relationship between the escape and death results,so,the third intervention factors lead to the death of the victim,The death result can not be attributed to the escape.The former actor can not bear the criminal responsibility for the death of the victim;when the intervention factor can not interrupt the causal relationship between the two,the perpetrator should bear the criminal responsibility for the death of the victim.In the second case judgment in this article,it is inappropriate for the first runaway to bear the criminal responsibility for the death result.On the basis of the predecessors' research,this paper puts forward some opinions on the understanding of "the death caused by escape",but the author has limited ability and there are still many shortcomings in writing.I hope that some immature views and opinions in this paper will provide some advises about deal with the death caused by escape in traffic accidents.