Research On The Identification Of Death Caused By Traffic Accident Escape

In the case of "escape to death" in a traffic accident,the theory is different,and the fact that this is a case in judicial practice can sometimes be found in the same case.Based on this,the paper is based on the analysis of the relevant laws of criminal law,and the method of empirical analysis,which is based on the sentencing documents released by the supreme people’s court,the judicial documents,which is based on the facts of this article.The details include:The first part puts forward the problems of this paper and the selection of judgment documents.Through the study and consideration of criminal law theory,we put forward three questions to be explored in this paper: whether the "escape to death" situation does not require the basic crime of causing traffic accident before escape to be the premise;Identification of "escape" behavior in death caused by escape;The identification of causality in "escape causes death",especially the identification of causality in the intervention of secondary crushing factors.Then,according to the characteristics of the authority and authenticity of the judgment documents,233 judgment documents were selected to study in combination with the problems.The following three parts are the development of specific problems.In part two,the case of "getaway to death",which is not based on the fact that the hit-and-run behavior is the basis of a vehicular manslaughter.It is thought that that author’s analysis of the premise of constituting the claim of constitutive sin theory is that if we insist that the situation cannot be applied to the "escaping to death" clause,it is not applicable to the "escaping to death" clause which cause death,so that the article is more sympathetic to the negative opinion,and the independent judgment of this situation is upheld.The third part,on the "escape" behavior,this paper adhere to escape from the idea of law says.Traditional views are understood from the perspective of evading legal investigation,evading the obligation to rescue or combining the comprehensive theory of the two.However,the interpretation of escape motivation purely based on one theory is sometimes limited or one-sided,and sometimes the understanding may not be deep enough,which is questioned.Collected from the written judgment of the decision,based on this understanding of "escape" have a new understanding,which adhere to the understanding of the judicial interpretation,the "escape" means to evade the law shall be investigated and fled the scene,by legal interpretation of the rules to other theories to explain into the connotation,safeguard judicial authority,and can be controlled in different motivation determine the "escape" behavior.In the fourth part,the author holds that the theory of equivalent causality is more advantageous in determining the causality in "escape causes death".Conditions,causality interrupt interweaving and quite a causal relationship,combined with the objective imputation theory on "prey",makes the process of judicial judgment in the causal relationship between each have emphasize particularly on,when in connection with different sentence phenomenon occurs frequently,especially in intervention factors in situations,that is in the third vehicle rolling again killed the victim of the accident for the first time,and sometimes the verdict in the judicial practice and even the opposite.This has to be a bit of a reflection on what causal relationship theory should be applied,and through the study of this paper,in the general theory and in the judicial practice,it’s considered to be a fairly causal relationship to be more reasonable and reasonable.