After The Traffic Accident,the Characterization Of Others To Impersonate The Behavior

The crime of causing traffic accident is a kind of common frequent-occurring crimes in daily life and it accounts for a relative high percentage in the annual criminal cases.The perpetrators always try to find ways to avoid the punishment of law and get rid of the responsibility of legislation after the accident.One of the common ways is imposture by others.However,there is still controversy about how to qualify this legal act in the theoretical field.There are three different opinions on the controversy: the first one is that the act of imposture after a traffic accident crime can be classified as the act which cannot be punished afterwards.The perpetrator should be punished only based on the crime of causing traffic accident;the second one insists that imposture act after a traffic accident crime can be classified as a hit-and-run act after a traffic crime and the perpetrator should be punished heavily based on the crime of a hit-and-run act after a traffic accident.The third opinion is that imposture act after a traffic accident crime can be classified as an act of disturbing the judicial order and causing traffic accident which comforts with the composites of obstruction of witnessing in a crime.The perpetrator should be punished based on the crime of causing traffic accident and obstruction of judicial order.The main opinion about how to qualify the imposture act after a traffic accident crime is that we should understand the core relationship between the causing traffic accident crime and the act of imposture after a traffic accident.Meanwhile,the identification of the crime can also involve the identification of a hit-and-run act after a traffic accident crime,the behavior after the crime and other theories.This study makes a theoretical analysis based a true case and concludes that the imposture act after a traffic accident crime cannot be punished alone based on the traffic accident crime or punished based on the accompanied crimes.The perpetrator should be punished based on the immediate crime act itself.There are four sections except the instruction part in this paper:Section 1: the basic information about Zhou's Mou 1 traffic accident case;Section 2: the theoretical legal analysis for the case.This part involves the following contents: First,an overview of the afterwards act of impunity theory;second,a discussion about the theory of anticipated possibility;third,an analysis of the hit-and-run act after a traffic accident crime;fourth,an obstruction of witnessing overview.Section 3: the conclusion.We conclude that based on the theoretical legal analysis that the sentence of the court of Zhuji City is correct and the act of defendant Zhou involves the crime of causing traffic accident and obstruction of witnessing and Zhou should be under combined punishment for several offenses.Section 4: the inspiration of this case.Based on the study of Zhou Mou 1 case,the perpetrator should be punished based on the immediste crime act itself,not be punished for obstruction of witnessing crime just because of the imposture act.