Font Size: a A A

The Behavior Of Escape After Traffic Accident Caused Many Deaths Of Qualitative Research

Posted on:2018-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z M ChenFull Text:PDF
GTID:2346330518453129Subject:Law and law
Abstract/Summary:PDF Full Text Request
In recent years,traffic accidents occur frequently throughout the country.The casualty due to traffic accidents increases each year.Because of the complicatedness,high frequency and the overly simplified legal bases related to the traffic accident crimes,scholars have been writing theses on related legislation for years.They advocated the learning from foreign countries and making “hit-and-run” a separate crime.This paper,while respecting the legislation and policies regarding traffic accidents,takes a different perspective to examine the distinctions between traffic accident crime,intentional murder,and the crime of endangering public safety by analyzing the controversial issues involved in a particular traffic accident case encountered during the writer’s internship.This paper then proposes the conclusion.The text is composed of four parts and 28,000 words in total.The first part introduces the basic situation of the case.This part introduces the manifold caused by Liao’s careless driving lead Zhu injured fall on the ground,in the case of the sign is not set a dangerous Zhu suffered from Xu driving crash again,after Liao would leave the car at the scene of the accident,disappeared in the crowd fails to fulfill its obligations,and any bailout eventually killed Zhu,Liao afterwards to avoid certain suspicious chase on the rampage and speeding and eventually cause many deaths of basic facts.Outlined in this case in the process of handling three opinions: Firstly,aiming at traffic accident;Secondly,aiming at traffic accident and the crime of endangering public security with dangerous method;Thirdly,aiming at intentional homicide and traffic accident.The case of disputes can be summarized as: Liao caused a traffic accident killed Zhu and then escape,and the behavior of the damage caused by the speeding vehicles to avoid investigation should be qualitative.The second part of the paper deals with the legal analysis of the case.This part first explores the significance and nature of the causation and then analyzes the consequences caused by hit-and-run in order to clearly define the boundaries of hit-and-run behavior and death caused by it.Then,distinguish it from intentional murder,according to the condition of traffic accident to intentional homicide.Last,the passage discusses perilous and criminal behaviors that endanger public safety,thus discerning them from traffic accident crimes.Third,the paper analyzes the particular case and proposes the conclusion.Firstly,Liao’s first traffic offense injured the victim Xu,but the degree of injury is no longer assessable.Liao’s runaway after Xu was hit again by Zhu cannot be evaluated as a criminal offense either by the nature of the runaway or by the measure of penalty.Liao’s offences against the traffic legislation can be considered as traffic accident crime only when all rescue measures proved ineffective to the victim due to multiple hit by motor vehicles.Secondly,Liao’s speed driving caused multiple injuries and deaths.Based on the principle of in favor of the defendant when in doubt,Liao’s behavior should be considered as committing traffic accident crime.Liao’s individual offences fulfill the constitutive elements of multiple different crimes,committing multiple crimes,therefore should be punished for several crimes.The forth part of the paper considers the significance of the case analysis.Through the analysis of the case,found in the judicial,system construction etc.There is still room for improvement: Firstly,The judiciary in the traffic accident "escape" case should obey the principle of "doubt is beneficial to the defendant".Secondly,traffic accidents because of a fruit more cases,the judicial personnel shall be under the condition of the case,each traffic offense behavior person should bear criminal responsibility.Third,should be combined with the case,specific analysis the escape behavior after the traffic accident,to accurate qualitative actor’s illegal acts.
Keywords/Search Tags:traffic accident, escape behavior of, intentional homicide, crime of endangering public safety by dangerous means
PDF Full Text Request
Related items