Research On Traffic Accident Escaping Behavior

To clarify the escape behavior in the crime of traffic accident,we should grasp the “escape” as the main line of analyze.Based on the literal interpretation of “escape”,this paper explores the normative purpose and legal attributes of “escape”,and agree with the doctrine of evading rescuing the victims;Then analyze the nature of escape behavior,believing that it is an omission of evading obligations in nature.The current “Criminal Law of the People's Republic of China”(hereinafter referred to as the “Criminal Law”)and the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents(hereinafter referred to as the “Judicial Interpretation”)list the “escape” as an aggravating circumstance for the crime of traffic accidents.At present,the general theory of criminal law also regards the subjective aspect of “death caused by hit-and-run” as “negligent”.However,in some actual cases of “death caused by hit-and-run”,the subjective aspect of this regulation can be indirect intention.And if there is “indicating escape”,the “Criminal Law” and the judicial interpretation deal with the instigator as a joint crime,but the common crime shall be premised on the establishment of intentional crimes,which is at variance with the opinion that “death caused by hit-and-run” is a crime of negligence.There are contradictions in the viewpoint.In addition,scholars have different theories on the forms of guilty and causality of “death caused by hit-and-run”.However,the independence of “death caused by hit-and-run” can be expounded by the method of analyzing the sin form and legal nature of “escape”.On this basis,the sin form of “death caused by hit-and-run” can be indirect intention in some cases.At this time,there are many differences between the criminal elements of the crime of traffic accidents and it is more appropriate to identify them as basic crimes.In this situation,“death caused by hit-and-run” belongs to deliberate crime.The persons,who abet or instigate the drivers of hit-and-run to escape and causes the death of accident victims,shall be punished as an accomplice.It avoids the contradiction between the negligent crimes and the “regulation of accomplices on the crime of traffic accidents” prescribed by law.