On "Escape To Death" In China's Traffic Accidents

Crimes involving traffic accidents are multiple cases in China's criminal cases,of which the episode about “escape to death” occupies a very large part.In this case,clarifying the rules of death caused by escape from traffic accidents can better deal with the complex situations in practice.However,what is counterproductive is that the provisions of the Chinese law concerning the death of a traffic accident caused by escaping are unclear.In the face of complex situations,it is easy to generate considerable controversy.Similar cases are likely to face very different convictions in different courts.Sentencing.Therefore,starting from the theoretical point of view,combined with the complex situations in practice,based on existing laws and regulations,it is necessary and urgent to properly identify the death caused by escape.In view of the provisions of death caused by escape in traffic accidents,this article starts from four parts in order to better serve for practice.First of all,from the definition of escape behavior,clarify the legal meaning of“death caused by escape”.The meaning of "escape behavior" mainly includes four theories: “escape from legal prosecution” “escape from relief obligations” “escape from legal pursuits or relief obligations” and “escape legal accountability and relief obligations”.Each has its own advantages and disadvantages.Failure to properly solve the problems that arise in practice.This article believes that there are three kinds of obligations after the traffic accidents,and that the three kinds of judgments as obligations should be based on the duty of relief,and consider the urgency,foresight,and feasibility in the specific case based on the risk relationship.When relief obligations are most urgent,they need to fulfill reasonable relief obligations.After the urgent relief obligation,it is necessary to fulfill the obligation to establish warnings and warnings.In addition,the minimum requirements of the perpetrators are negative non-escape obligations.Secondly,this article combines the relevant cases to clarify the cause-and-effect relationship judgment of “death caused by escape”.First,the person in the “Escape to Death” should not include the victim in the second accident.The second incident should be evaluated separately.Second,the failure to perform three kinds of obligations may cause a causal relationship between the appearance of death outcomes and escape behaviors,such as causality judgments in secondary abatementactions.Again,this article discusses the qualitative issue of “escape caused by escape” In the current mainstream view,the nature of the death caused by escape is based on the theory of aggravating guilt,mainly aggravating the results and aggravating the plot.In addition,there are aggravating scenarios with aggravated colors and atypical blending theories.This paper believes that the sin form of “escape to death” is indirect intention.On this basis,whether the result is aggravated or the plot is aggravated,or the combination of the two,cannot solve the problem that escaping causes death.The contradiction between independence.Therefore,judging the nature of “escape causing death” requires the Supreme Court's “Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents”to break the shackles of aggravating guilty theory and recognize the special “escape to death”.Independence.Finally,“traffic accident escape and death caused by people” in practice is easy to be confused with the distinction between other crimes.This article starts with three kinds of obligations and clarifies the boundaries of judgments,and distinguishes them from crimes of abandonment,crimes that endanger public safety by dangerous methods,and intentional homicides of inaction.In the judgment of joint crimes,the "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents" affirmed the existence of joint crimes,which was mutually corroborated by indirect intentional crimes.