On "the Death Due To Escape" In The Crime Of Traffic Accidents

The aggravating punishment for the crime of traffic accidents is not only clearly stipulated in Article 133 of the Criminal Law of China,?These legal norms are the basic basis for judging "the death due to escape" in judicial practice.However,due to frequent traffic accidents in recent years,and the cases that the perpetrators have escaped,especially which has led to the death of victims had increased.,this not only makes the normal traffic order disorder,but also makes the application of “the death due to escape” more complicated and difficult,causing the complexity and diversity of the situations faced in judicial practice,it is difficult to carry out actual operations and identification based solely on these legal norms.There are still some important issues that have not been resolved regarding “the death due to escape”.There is a great controversy in the academic circles,which has caused confusion in the judicial practice.This paper intends to proceed from the most controversial issues in practice,based on legal norms and combined with actual judicial cases,systematically analyzes the identification conditions of “the death due to escape” and applicable situations,provides some opinions on the practice of "the death due to escape",in order to contribute to theoretical research and judicial practice.This paper is divided into three parts:The first part is the analysis of escape behavior.From the legal provisions,put the academic controversy about the essence of escape behavior,and the practice ofinterpreting the opinion of evading rescuing obligation agreed by the author.On this basis,the author also analyzes the subjective aspects and expressions of escape behavior in combination with the judicial case and puts forward my own opinions,the subjective aspect of escape behavior is deliberate mentality,which includes two forms:escape from the scene and no escape from the scene.The second part is a theoretical analysis of the escape behavior”causing death”.By introducing the different perspectives of the theoretical scope and the sinful form of the “causing death”,based on the correct understanding of the legal provisions and legislative purposes,combined with the actual judicial cases,getting out the viewpoint the author agrees with:the object of “causing death” does not include the victim of the second accident,should only refer to the victim in the first accident,and the perpetrator's subjective attitude towards the victim's death result is negligent,.The third part is the key chapter of this article,which is the specific identification of “the death due to escape”.This chapter mainly focuses on whether “the death due to escape” is independent,how the causal relationship is determined,and the conditions that need to be met for the inaction of intent to murder.According to the position of this article,”the death due to escape” is not an independent plot,can not be convicted and sentenced separately.It is necessary to establish the crime of traffic accident first.The crime of not being able to establish traffic accidents can only be evaluated separately;there is a need for criminal law between escape behavior and death outcome of causal relationship,but if the intervention factor is not enough to interrupt this causal relationship,then the existence of causality can also be identified;if the inaction of the perpetrator after the accident is equivalent to the intentional homicide as a form,the subjective aspect also from negligence to intentionality,it should be evaluated as intentional homicide as inaction.