Understanding And Application Of Traffic Hit-and-run

Traffic accident crime in our country is a high-risk sexual crimes,hit-and-run judicial application rate is extremely high,at the same time,the judicial application of the result also showed a trend of"diversity".With the development of economy,the social contradictions increasingly prominent,more and more factors involved in the judicial practice of the traffic accident.Along with the increase of the gap between rich and poor,for example,in the field of traffic accident appeared "to the money to buy the punishment",this not only weaken the authority of judicial decisions,not only also make the criminal law on the protection of human rights goal cannot be achieved efficiently.Whether traffic offence normative clauses in "criminal law"all previous revision,or "road traffic administration la,the supreme people's court on the concrete application of law in trying criminal cases of traffic accident problem of interpretation,can see the country degree of attention to the traffic accident crime and punishment of the confidence of the traffic accident.However,the legislature enacted about traffic accident legislative regulation,judicial organs traffic offence related to explain,as promulgated by the administrative organ not only is there the conflict,the provisions of the traffic accident responsibility identification at the same time,the theory research and practice there is a big gap,the pay attention to the phenomenon,make traffic offence to understand and apply more complicated.In this article,the author intends to Si Chuan province city of the hit-and-run case,using the combination of theory and practice research methods,based on the basic condition of the transportation crime origin in China,to our country of the components of the traffic accident,the components of the hit-and-run,in order to discuss the traffic accident of the difference between the illegal administrative responsibility and criminal responsibility,and practice how to use the concept of substantive criminal law-in formal rationality to the criminal law under the premise of the pursuit of the essence of concept of fairness and justice of criminal law-solve hit-and-run cases.The full text is divided into four parts.The first part,the case description.Including the cause of action,the case facts,male,argue opinion,the judgment fact,the focus of controversy.The second part,the horse so-and-so qualitative analysis of traffic accident case.Traffic accident evolution,the component elements of traffic offence and theoretical analysis,traffic accident responsibility differentiates,legal description,so-and-so to horse stance in the traffic accident case and review of traffic accident crime problems in the practice.The third part,the horse so-and-so hit-and-run qualitative analysis.Hit-and-run evolution,hit-and-run constitutive requirements of the scientific theory or principle analysis,so-and-so to horse position and practice of the cognizance of the hit-and-run hit-and-run review of the problem.The fourth part,the essence of concept of criminal law in the traffic offence cognizance and punishment to carry out.