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A Research On The Relocation Of Places After Traffic Accidents

Posted on:2020-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:L L ZhangFull Text:PDF
GTID:2416330602461312Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
"The act of removing the victim after the traffic accident"(hereinafter referred to as the relocation behavior)refers to the situation in which the perpetrator transfers the injured person from the scene of the accident to a certain distance from the scene and adopts the way of concealment or abandonment,which leads to the injury or death of the victim because he is unable to obtain help as soon as possible.The content of its relocation behavior includes careful concealment and simple abandonment,and the relocation site is usually a more "remote" place.The understanding of the judicial organs on the relocation places is often different from the views of the ordinary people,and neither the theoretical circles nor the judicial practice circles have formed a unified standard.At the same time,there is no relevant judicial interpretation to define it.In the judicial practice,it is often controversial because of the lack of specific standards of relocation.In order to solve the above problems,starting from the judicial practice case,this paper focuses on the identification of the relocation place after the traffic accident.First of all,the introduction mainly makes a brief introduction to the current academic research status.Secondly,this paper investigates the present situation of the relocation of the place after the traffic accident,points out the chaotic phenomenon in the current judgment,and draws the conclusion that the difficulty of the problem is that there is a dilemma in the application of the judicial organ in determining whether the relocation place is "remote".In addition,this paper puts forward three main reasons for the confusion of the identification of relocation places: the current theoretical research is less,the judicial interpretation is not explained,and the practical circles have different understandings.Finally,the identification standard of relocation place is put forward.The relocation places are classified,and the difficult problems of moving them into "remote" places are further analyzed.It refines the common standards and degrees,and finally returns to judicial practice to explore the qualitative problems of displacement behavior.
Keywords/Search Tags:Relocation place, remoteness, traffic accident, relocation behavior
PDF Full Text Request
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