| In order to unify the handling rules of traffic accident criminal cases,the Supreme People's Court implemented "Interpretation on Several Issues Concerning the Specific Application of Law in Trial of Traffic Accident Criminal Cases"(hereinafter referred to as "Traffic Accident Case Interpretation")on November 21,2000.However,the incidence of traffic accidents is high and types are ever-changing.This judicial interpretation makes the handling of criminal cases of traffic accident complicated.Especially in the case of driver escape and casualties involving the intervening factors,it is difficult to distinguish criminal quality,whether is belong to the basic traffic crime or "traffic accident escape" or "death due to escape".Therefore,by analyzing a case of twice rolling of traffic accident,this article expound the judgment of "escape after traffic accident",the judgment of "death due to escape" and the judgment of causality under the intervening factors.Summarize the basic analysis of this type of case,combine with mathematical methods of the list and control variables,analyse criminal quality of the main situation of such cases.The main body of this article is more than 23000 words in total.the basic framework and the level of argument is as follows:The first part: the basic situation of the case.The basic case was that the former driver felt a slight vibration when driving,didn't check for any unusual circumstances because of short of time and left the scene,causing the victim who was knocked down on the road to be unfortunately crushed to death by latter truck.The focus of the controversy in this case is whether the driver of the former truck is aware of the disaster,driving away the scene belongs to the escape of criminal law or not,and whether there is a causal relationship between the former driver's behavior and the result of the death of the victim,whether the former driver need to be responsible for the victim's death.The second part: the legal analysis of related issues.The section is divided into four sections to expound.The relationship between the plates is the total score structure.The first section is a related overview of twice rolling.Introduced the type of twice rolling.It is clear that what is discussed in this paper is the situation that the injured person is second rolled after the former driver driving away.Define the relationship between escape behavior and twice rolling.This relationship determines whether the former driver's behavior has the potential toconstitute "escape after traffic accident" or "caused death due to escape".The second section is the judgment of "escape after traffic accident".It is divided into subjective aspect and objective aspect.The former introduces the legal field's controversy over the subjective purpose of "escape after traffic accident".After analyzing the pros and cons of each viewpoint,it is concluded that "escape after traffic accident" should use "evasion of legal pursuit or non-performance of salvage obligations" for subjective purposes judgment.Knowing about the facts of the accident is an inherent requirement of escape;the latter distinguishes "escape after traffic accident" and "escape" from the nature and scope.In the level of time and space,escape behavior is not limited to immediate escape from the scene of the accident,but can be extended to the time when the police station controls him actually.The third section is the judgment of "death due to escape".Firstly,introduce the dispute on the meaning of "death due to escape".Secondly,then through the angle of sentencing balance concludes that the basic crime of traffic accident crime is the preconditions of "death due to escape".Thirdly,the reasonable interpretation about the range of "unable to rescue" of "death due to escape" in clause 5 of "Interpretation of Traffic Accidents",it includes cases of passive death due to lack of timely assistance,and also cases of accelerated death when involve intervening factors.Finally,clarify the criminal causality between escape behavior and death.The fourth section is the judgement of the causality under the intervention factor.Commentary the theories of causality within and outside the domain under intervening factors,based on the summary of the defects of causality theories under the intervening factors,Roxin's objective imputation theory is a relatively objective and fair method of judging causality under intervening factors.The third part: case analysis and conclusion.Firstly,list all violations of traffic management laws and regulations of the former driver;secondly,to use Roxin's objective imputation theory to conclude exist criminal causality between the former driver's behavior and the result of the death of the victim,latter driver's rolling behavior is an accident out of his predict;once again,synthesis other evidence in the case shows that the possibility of unknown more than the possibility of know,add the principle of doubting benefits the defendant,infer that the former driver didn't know the facts of the accident in that situation,his behavior of driving away from the accident scene doesn't belong to the criminal escapement;finally,conclude that the former driver constitutes the basic crime of traffic accident crime.The fourth part: Inspiration.This section expands the analysis of this kind of twicerolling in traffic accident cases.Summarize the basic analysis ideas of this kind of cases,it is divided into five steps,that is,the nature of the former driver's violations of traffic management laws and regulations behavior,the injured condition after the victim suffered the first impact,whether knowing accident or not,and the survival possibility if the victim get timely assistance,causality and responsibility attribution;according to the idea and combine with mathematical methods of the list and control variables,analyse criminal quality of the main situation of such cases. |
PDF Full Text Request