| Finding someone to "top crime" after a traffic accident is very common.In the jurisprudence of the past years,after the same traffic accident,people were found guilty of “top crimes” and were sentenced to different crimes in different courts.This phenomenon has emerged over the years.Everyone is equal before the law.Fairness and justice are the basic spirit of the law.The above phenomena are contrary to the basic spirit of the law and are not conducive to the construction of the socialist legal system in China.This article will use a specific traffic accident case as a starting point,starting with the various theories of criminal law involved in the act of“top crime” after the traffic accident and the current focus of the dispute.This paper discusses the legal nature of finding someone’s "top sin" behavior,and clarifies the criminal responsibility for his behavior,thus avoiding the phenomenon of unfair justice.This article discusses how to find the “top crime” case after the accident of Cheng’s traffic accident.The full text is divided into six parts:Chapter one is the introduction.It sets the process that Chen takes the rap for Zhang,his sister-in-law,after the traffic offence.It also presents the disputes concerning Chen’s behavior in the field of law theorists.All the disputes are centralized on whether Chen’s behavior can be determined as one crime or several.It is difficult to concern.In the last part,it introduces the methods of this research.Chapter two introduces ‘taking the rap’ after the traffic offence.It detailed introduces the conception,the characters,the classifications,etc,of this behavior.Which lays the groundwork for the further research in the following part.Chapter three reviews the main previous studies of the asserting quantity of crimes.It mainly analyzes the standards and its influence of this criminal identification.It will puts out that Chen’s behavior should be published according to the afterwards act of impunity theories.Chapter four mainly talks about whether the joint crime exists between ‘the scapegoat’ and‘the sinner’.In the first part,it detailed introduces this kind of situation of taking the rap after the traffic offence.In the following part,it fully argues whether the joint crime of Chen,Zhang and Li exists,which combined with the joint crime theory and the instigators who can not be published.Chapter five mainly makes a comparison in crimes concerning Crime of Shielding,Crime ofPerjury and Crime of Testifying.It will argue that Chen’s behavior can be determined as Crime of Testifying except the traffic offence.Chapter six is the conclusion part.It reflects a series of problems on this case,and the reasons of the common case with different judgement in juridical practice,it analyzes the escaping behavior in traffic offence and its function in juridical practice,in the last part,it gives judicial authorities suggestions about this kind of situation. |
