Judicial Cognizance Of Traffic Accident Escaping

Traffic accident crime is a crime that endangers public traffic safety with a high incidence in China.Traffic accident often leads to serious casualties or serious property losses.Traffic accident escape is a very bad behavior,not only lead to the injured can not be treated in the first time,causing greater harm,but also may lead to the fact that the accident can not be ascertained,is not conducive to the protection of the legitimate rights of victims.In order to better protect the victims and curb the occurrence of escaping traffic accidents,the criminal law of our country has increased the punishment for escaping,and the relevant judicial interpretation has further clarified the relevant issues of escaping traffic accidents,but in theory the application of the crime of causing traffic accidents,especially the identification of escaping,legal evaluation.There are still fierce disputes on the nature of punishment and the number of crimes of substitution after traffic accident.In judicial practice,there are also different opinions,which damages the judicial authority.In view of this,this paper takes a traffic accident as an example to explore the identification methods and solutions of such cases,hoping to help judicial practice.This article includes four parts basically.The first part makes an introduction about the basic situation of a traffic accident in Leimou,as well as the divergent opinions and controversial focus in the process of handling the case.The controversy focuses mainly on whether Lei's behavior belongs to the escape of traffic accident,the legal evaluation of his escape behavior,and the nature and number of crimes of finding a replacement after traffic accident.The second part is the jurisprudential analysis of the related issues involved in case disputes.This paper mainly expounds the criminal law meaning and cognizance standard of escape,and holds that escape should be inspected around whether the perpetrator has fulfilled his legal obligations after the accident,and grasps the subjective and objective requirements in judicial practice;escape is both the conviction plot and the sentencing plot,and the escaping act,which has become an important element of the crime,can not be repeated.As an aggravated punishment for the perpetrator of sentencing circumstances,otherwise it belongs to repeated evaluation;traffic accident after finding someone to replace is not an act that can not be punished after the accident,not a continuation of traffic accident escape behavior,and traffic accident escape behavior is not implicated in the crime,should be separately convicted of impairing testimony,and traffic accident crime convicted of several crimes.The third part is the conclusion of the research and analysis of the case.Through analysis,the defendant's escape from a traffic accident constitutes a traffic accident crime,and belongs to the basic crime.The act of looking for someone to replace him constitutes a crime of obstruction and testimony.The fourth part summarizes the Enlightenment of the case according to the foregoing legal analysis and the analysis and conclusion of the case.