Study On Setting Up A Traffic Crime Of Hit-and-run

In today's society,the motor vehicle is becoming an more and more important tool in the national life,while fully speeds up the efficiency of national travel,it more and more becomes the business tool of some people,which brings economic convenience to the people more directly.But the instrumental effect of motor vehicle is not only reflected in the positive aspect,but also in the aspect of crime----traffic accident crime has become one of the most common crime types in our society today,and hit-and-run behavior is one of the aggravating circumstances of this crime.In the current legal system,escaping is only the aggravated plot of the crime of causing traffic accident,which is questionable whether it can effectively curb the traffic hit-and-run behavior.This thesis is a legislative conception of the establishment of the crime of hit-and-run.First of all,the thesis discusses the meaning of the escape behavior of traffic accident by means of theoretical explanation.including the semantic interpretation and theoretical interpretation of hit-and-run behavior,and discusses the evolution process of "escape" from its appearance to writing in criminal law and the behavior types of "escape".Secondly,it analyzes the necessity of independent crime of traffic hit-and-run: by using quantitative and qualitative argumentation to empirically analyze the shortcomings of the existing criminal law on the regulation of traffic hit-and-run behavior.This paper comprehensively analyzes the realistic needs of establishing the crime of hit-and-run from the following aspects: the development of modern traffic industry,the independent crime of traffic hit-and-run can save social resources,and the protection of legal interests of victims.After that,it is about the concept,the constitutive elements and the analysis of the forms of the crime of hit-and-run.This thesis analyzes the constitutive elements of the crime of hit-and-run from the angle of the traditional four elements of criminal conviction.The part of crime forms mainly introduces the accomplished form and the crime number form of the crime of hit-and-run.The last part of the thesis is about the criminal law conception of taking hit-and-run behavior as an independent crime,which includes clarifying the specific content of the crime of hit-and-run as an independent crime and the establishment of the legal penalty for the independent crime of hit-and-run.