Research On The Escaping After Causing Traffic Accidents

The crime of causing traffic casualties keeps increasing every year,which seriously threatens people’s life and health and property safety.In real life,the escape of the accident often accompanied by traffic accidents,which seriously damaged the safety of the public and private property and the victims,and aggravated the degree of their harm.In 1997,the criminal law stipulates the legal aggravation of the crime of escaping and causing death by escaping the person,which aims to reduce and stop the act by aggravating the punishment of escaping.In 2000,the "interpretation of the Supreme People’s Court on the specific application of law on criminal cases of traffic accident"(hereinafter referred to as "explanation")also made a corresponding provision for escape behavior in order to better carry out judicial practice.Because there are certain contradictions in the provisions of criminal legislation and judicial interpretation,there have been disputes and conflicts between the referees and the theoretical circles of escaping in judicial practice.In order to better identify the behavior of escaping after the accident and solve the many difficult problems in the escaping of traffic accident,this paper mainly through the summary of the escaping behavior of traffic accident,the analysis of its constituent elements,the specific identification,and the problem of accomplice.The main contents of this article are as follows:First of all,the author makes a basic overview of the escaping behavior of traffic accident,and analyzes the specific meaning of "escape" in the escaping of traffic accident,so as to better carry out the following.In order to correctly identify the "escape",we should not be divorced from the specific background of the case,but also take a comprehensive consideration of the subjective and objective factors of the perpetrator,so that the conviction and sentencing can be carried out in an all-round and accurate way.In order to better define the escaping behavior,the author also analyzed the nature of escaping,carried on the in-depth analysis of the act and the act of inaction,and divided the behavior and escape behavior in the corresponding area,and clarified the relationship between the crime of traffic accident.Secondly,in order to make a more comprehensive understanding of the escaping behavior of traffic accident,the author analyzes the objective behavior of the escape,the objective elements and the subjective psychological attitude of the escaper,and explains some special escaping behavior.Besides,the author also analyzes the escaping behavior at the time and space level.Through the above argumentation,it is concluded that the escaping behavior of the crime of traffic accident refers to the person who intentionally does not help the victim after the traffic accident,or escapes from the scene in order to avoid the liability of the law,and the actions are all happened when the actor has known the result of the accident.Besides,a special case of traffic accident escaping is analyzed through case,so as to better identify traffic accident escaping behavior.In addition,the author makes a concrete analysis of the escaping behavior of the crime of traffic accident as a conviction plot and aggravating plot,and introduces the double evaluation situation in the practice through the introduction of the case,and the double evaluation has obviously violated the principle of the legality of crime and punishment,and has damaged the judicial authority and the rights and interests of the parties,so the escaping behavior is identified.As a result,double evaluation should be prohibited.If the escaping act has been taken as the convictions of the crime of trafficaccident,it should not be used as the aggravated circumstances of the punishment,otherwise it will violate the principle of "prohibiting double evaluation".Finally,we interpret the problem of accomplice in traffic accident and escaping behavior.In the fifth interpretation of 2000,the directive action of four kinds of staff,such as unit supervisor,was punished according to the accomplice of traffic accident crime.The problem of common crime in traffic accident is very controversial in the theoretical and judicial practice.The crime of traffic accident is a typical crime of negligence,while the common crime requires the establishment of intentional crime.The study of the escaping of traffic accident will help to solve the dispute over the above problems.The author analyzes the related theories about the common negligence crime in the criminal law field,and analyzes the regulations of the traffic accident accomplice in the 2000 interpretation,and then analyzes the problem of the accomplice of the escaping behavior of the traffic accident.