Study On The Cognizance Of Escape After Traffic Accident

In recent years,with the acceleration of people’s living pace and the continuous increase in the number of private cars,the risk of road traffic safety in our country has increased,too.The "escape" behavior of the perpetrators after the hit-and-run has not only caused serious injuries,death and so on expanded results to the victims,and also has made the public security organs have great difficulties in determining the responsibility of the accident and in the detection of the case,it has become a huge negative factor affecting social harmony.Therefore,this paper focuses on the cognizance of escape after traffic accident,not include introduction,conclusion,the text has three parts.Firstly,the definition of escape after traffic accident is defined,considering that the perpetrator refuses to fulfil his obligation to rescue the injured or wants to escape prosecution,all could constitute escape behavior.On the basis of this definition,this paper analyzes the nature and behavior pattern of the traffic hit-and-run.Then points out that "escape" plays the role of conviction and sentencing in practice.Even "escape" is manifested as the behavior of active physical escape.However,because the perpetrator does not fulfill the obligation of rescuing the injured caused by his advance action,hit-and-run is an omission actually.Secondly,the author analyzes the cognizance of the perpetrators leaving the scene of the accident,the cognizance of not leaving the scene of the accident,and the confirmation of the escape behavior in the hospital in detail,and arrivals at a conclusion of that the departure of the perpetrator from the scene of the accident does not necessarily constitute escape.And even though the perpetrator has not left the scene of the accident may also constitute escape,and the escape of the perpetrator after taking the victim to the hospital must constitute the escape after the traffic accident.The financial responsibility of the perpetrator before escape can be taken into account in sentencing.Finally,based on a typical case,from the regulations on accomplice of the judicial interpretation,the author points out that there are determination problems in the regulation of who instigates the driver to run away shall be punished as an accomplice of the perpetrator,and after researching the views of the academic scholars on if incite escape constitutes accomplices or not the author also expounds own view on the issue.At last,arrivals at a conclusion of that in the traffic accident crime "the leaders of the unit,the owner of the vehicle,contractor or passenger" instigators don’t constitute accomplice.