Research On Independent Crime Of Escaping From Traffic Accidents

In recent years,there have been more and more discussions on the related issues of escaping from traffic accidents in academic circles.on the one hand,because it occurs more and more frequently in real life and causes more and more harm to society,on the other hand,because some scholars find that the regulation of escaping from traffic accidents in current criminal law conflicts with the basic theory of criminal law.Therefore,it is urgent to study the escaping behavior and take measures to reduce the occurrence of escaping behavior.Although both the criminal law and the judicial interpretation of the Supreme Court of China have regulated the escaping behavior,that is to say,the aggravating circumstances of the crime of causing traffic accidents have curbed the occurrence of the escaping behavior to a certain extent,but it is not completely effective.Moreover,the provisions of criminal law and judicial interpretation have aroused great controversy in academic circles,resulting in the inconsistency between legislation and justice.Therefore,it is necessary to conduct in-depth research on the relevant issues of escaping from traffic accident,such as its legal nature,how to solve the problem of conflict with the basic theory of criminal law and how to regulate the escaping behavior is more reasonable,which is also the focus of this study.Through the analysis of some cases in real life,the author profoundly analyses the legislative defects of the escaping actor in our criminal law,and on the basis of comparing the foreign legislative mode,puts forward the countermeasures to solve the problem that the escaping actor will be criminalized independently.This article mainly includes four parts.The first part mainly describes the identification and understanding of escaping from traffic accidents.Firstly,it analyses why the purpose of the protection of the escaping behavior in the criminal law norms is to help the victims rather than to evade legal investigation.Then it analyses the legal attributes of the escape behavior and its obligations as well.Finally,the author makes an analysis of whether the two "escape" in the crime of causing traffic accidents have the same explanation and how to define their meanings.The second part mainly reveals the legislative defects through the specific analysis of escaping from traffic accidents.The author discusses from three aspects: making certain escaping acts incapable of conviction and punishment,conflict with the basic theory of criminal law and unfavorable to the formation of a good social atmosphere.In the first section,the author discusses the escaping behavior from two points :it never causes serious injury consequences and the actor does not bear all or main responsibility for the accident.In the second section,the author mainly demonstrates from the angle of violating the judgment criterion of the number of crimes in our criminal law,the theory of joint crime and the theory of aggravated crime of circumstances.In the third section,the author mainly elaborates from two perspectives: the unbalanced sentencing leads to indulgence of some crimes and it is difficult to guarantee the rights and interests of victims.The third part is mainly about the analysis of different legislative modes of escaping from traffic accidents in foreign countries(regions),mainly including four models: duty violation model,causing accident and escaping model,non-salvation model and abandonment model.The author makes comparative analysis of the advantages and disadvantages of the four different legislative models in the process of implementation in the countries where they are located,so as to provide reference experience for the legislative model of escaping from traffic accident in China.The fourth part is the focus of this paper.The author elaborates on the legislative proposals of independently criminalizing the act of escaping from traffic accidents,including the necessity,feasibility and legislative design.In the first section,the author mainly discusses the necessity of escaping behavior from three aspects: the serious social harm of escaping behavior itself,the elimination of theoretical conflicts in criminal law and the better protection of the legitimate rights and interests of victims.In the second section,the author demonstrates the feasibility of the independent conviction of escaping from two aspects: possessing the character of independent crime,and having legislative precedents of independent conviction abroad.n the third section,the author according to the third chapter content comes to the conclusion that our country should adopt the mode of the crime of causing accidents and escaping,and expounds the concept,constitution and criminal responsibility.