The Attributes Of "Escape" Element In The Traffic Offence

The traffic offence is a crime with high incidence rate,which is also the only one crime in the criminal law of China that regulates the escape behaviour.And the relevant judicial interpretation further emphasizes the escape behaviour.However,the regulations of escape from traffic accident have been controversial.In order to have a systematic grasp of various problems of escape from traffic accidents,this article is going to discuss the attributes of "escape" element in the traffic offence.In addition to the introduction and conclusion,this article will be divided into four chapters.Chapter one is about escape and the increase of legal liability.Firstly,relevant legislation on escape from traffic accidents will be sorted out.And the impact of escape on the increase of the legal liability will be intuitively showed.Secondly,through the analysis of the particularity of traffic accident cases and the needs of criminal policy,it is explained why escape cause the increase of the legal liability of the perpetrator.Chapter two discriminates the attributes of two kinds of "escape" elements,which is the most important part of this article.In the first part of chapter two,based on the theory of aggravated crime,it is believed that escape in the provisions of criminal law is an aggravating element of act aggravated crime.It is emphasized that as an aggravating element,escape brings increasing illegality.And the applicable conditions are dissected.In the second part of chapter two,based on the theory of objective punishment condition,it is believed that escape in the judicial interpretations is a condition of objective punishment.It is emphasized that as an objective punishment condition,escape is related to the strafbarkeit of the perpetrator.The third part of chapter two is an intuitive comparison between escape as an aggravating element and escape as a condition of objective punishment.What's more,feasibility,rationality and questions related to repeated evaluation will be analysed.Chapter three is about escape and death caused by escape.Based on the analysis of chapter two,it is believed that death caused by escape is the consequential aggravated crime of escape in the provisions of criminal law instead of the basic offense of traffic offense or escape in the judicial interpretations.Then,the conditions of death caused by escape is clarified,which includes the establishment of escape from traffic accidents,a causal relationship between the escape behaviour and the death result,and the perpetrator has the foreseeable possibility of the death result.What's more,the applicable space of death caused by escape will be discussed.Chapter four is about escape and joint offense.Firstly,it is clarified that the provisions of judicial interpretation for accomplice of escape is a provision of attention rather than legal fiction,as a result of which anyone who instigates or helps escape from a traffic accident should be considered as an accomplice.Secondly,this article insists on the theory of part co-crime,which denies the concept of joint negligent crime.And based on the analysis of chapter two,it is believed that instigating or helping escape from a traffic accident is joint intentional crime.Last but not least,based on the theory of restricted subordination of the accomplice,it is illuminated that the "escape" element of instigating or helping escape should be escape as an aggravating element rather than escape as a condition of objective punishment.