A Study On The Problem Of "Escape" Behavior In Traffic Accidents

With the increase of automobiles and other means of transport,the resulting traffic accidents are also growing,after all due to various reasons of traffic perpetrators escape phenomenon is not uncommon.Escape not only increases the likelihood of death of the victim,but also makes it more difficult for the judiciary to investigate and prosecute them for legal responsibility.To this end,China's criminal law and judicial First,this paper introduces the problem through case.How to identify the "escape" 's problems;the related problems of the "escape death";the problem of the "to order to escape" ' s accomplice.interpretation have also made relevant provisions,but in the judicial practice on the identification and treatment of escape behavior there are still many problems,and the identification of escape behavior is different because of the difference son is mainly due to different scholars on the "escape" of the criminal law norms of the protection purpose of different and caused.Therefore,this paper from the "escape" of the criminal law norms protection purpose as a starting point,and try to try to through the specific cases in practice,so as to lead to problems,and combined with the analysis of the case and their own understanding of related issues,put forward some related issues in order to explore solutions,the specific content is as follows.Secondly,the current law of our country expounds and analyzes the legal regulation of escape behavior,and summarizes the current legislative situation of our country and how to identify escape in judicial practice.Thirdly,the theoretical differences of traffic hit-and-run behavior in the criminal law of our country are analyzed,and my own point of view is clear.This paper holds that the purpose of the protection of the criminal law norms of "escape" is to save the victims,and that the "escape" behavior is essentially a kind of inaction.Combined with the above discussion,the reasonable identification path of the traffic accident "escape" behavior-related problems is analyzed.First,it expounds the specific determination of "accident escape".Whether the victim's death on the spot can also be recognized as escape,the existence of "find a top bag" behavior situation of thespecific determination,this article believes that its behavior does not constitute "escape" mainly depends on whether the perpetrator has carried out rescue acts against the victim.Second,the determination of "escape death" is discussed from the form of responsibility and causation,as well as the specific circumstances in which it may transform other crimes.This paper holds that the form of its sin is negligent and indirect intentional,and whether it has a causal relationship mainly depends on whether it has a causal relationship mainly depends on whether there is a causal relationship between the act of not assisting the victim and the result of the victim's death.Thirdly,there are many discussions in the academic circles on the identification of "directed escape" accomplices.In this paper combed out various theoretical views and put forward views,this paper holds that the person who directed the escapeshould should not be punished by the crime of traffic accident accomplices;It is hoped that this article can provide some reference and enlightenment for the criminal legislation and practice circles.