On 'Escape' In Traffic Accidents

In 1997,China's criminal law used traffic accidents and escapes as a statutory plus weight penalty plot alongside “other special bad plots”.In 2000,the Supreme People's Court issued the "Interpretation of Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents"(hereinafter referred to as "Explanation"),which further explained "escape".Escaping after traffic accidents is more common,and the social harm caused by it is relatively large.The situation of traffic accidents and escapes in real life is complicated.At present,there is no systematic theoretical support for a series of problems related to traffic accidents and escapes,which leads to the result of judicial recognition unpredictive.This paper attempts to improve the legislation of traffic accidents and escapes by analyzing the current lack of legislation and the reference to extraterritorial legislation.This article analyzes the "escape" in the crime of traffic accidents from four parts:The first part is the basic definition of the concept of “escape”.This article agrees with the normative protection of traffic accidents and escapes to save the victims.This paper believes that the escape in the crime of traffic accidents refers to the behavior of the actor who can help the victim but does not perform after the traffic accident,and flees the scene or hides in order to escape the law investigation.The perpetrator was subjectively deliberate and objectively fled the scene of the accident.The second part is to analyze the disputes of the current legislation.The author starts with a few basic questions and analyzes the problem of the difficulty in coordinating traffic accidents and escapes in legislation,the boundary between death and intentional homicide caused by escape,and the qualitative problem of inducing escape,and then points out that it is the existence of these problems that cause the incomplete system of traffic accident escape theory.The third part is the analysis and reference of the relevant extraterritorial legislative model.The author introduces and analyzes the model of establishing “traffic and escaping crime” represented by Germany and Russia,the model of establishing “no bailout” as represented by Japan and Switzerland,and the “abandonment” represented by Austria."Specify the mode of escape.By comparing the advantages and disadvantages of each legislative model,the author draws a reference for the relevant legislation in China.The fourth part is some reflections on the independent legislation of "traffic accidents and escape behavior".First of all,the author agrees to separate legislation on “traffic behavior and escape behavior”.In this way,on the one hand,it helps us to understand the independence of escape behavior;on the other hand,it avoids the improperness caused by the randomness of legal interpretation.In addition,if a separate legislative model is adopted,the nature of death caused by escape is more easily defined,which in turn helps us to distinguish the boundaries between traffic accidents and escapes that cause death and inaction.Finally,if a separate legislative model is adopted,the arguments and doubts about whether the escape can establish a traffic accident will no longer exist,which is conducive to maintaining the unity of the legal system.