Study On The Identification Of "escape"behavior In Traffic Accidents

"Escape after the traffic accident" and "Death due to escape" are two aggravating circumstances in the crime of traffic accident.There is a big controversy over the determination of "escape",which is not conducive to the conviction and sentencing of the perpetrator in judicial practice.The author reviews the current mainstream views on this issue through the review and retrieval of the literature,and conducts an argumentative analysis of the current influential views in conjunction with typical cases.It is believed that the interpretation of "escape" as escape to avoid legal investigation cannot truly reflect The essence of escape should start with the normative purpose of the plot,and use "objective interpretation" as the main explanation method.On the basis of clarifying the essence of "escape" as unrescue,further conduct the relationship between the act of escaping and the escape.Sort out and consider that the two are based on their independent relationship,so that the three statutory penalties in Article 133 are determined.The criminal facts that constitute the crime of traffic accidents include basic offenses,joint offenders,and aggravated offenses.The latter two grades The two "escapes" in the statutory sentence should be interpreted the same way.The final clarification of the constituent elements of the crime of traffic accidents and the statutory aggravating circumstances will help to determine the relationship between other crimes that occurred after the accident and the escape process and the cause of the accident and the escape.The other crimes were convicted and punished.It is of great significance to promote judicial unification and defend the legal authority.The first chapter elaborates the main reasons why this article studies the escape clauses in traffic accidents in Article 133 of the Criminal Law.On the basisof discussing the current status of the research on the identification of "escaping behaviors in traffic accidents",this paper analyzes the problems in the identification of "escaping" behaviors in judicial practice,and cites a large number of judicial cases to prove the identification of "escaping" behaviors.The adverse consequences of deviations lead to a qualitative study of "escape" behavior.The second chapter focuses on analyzing the normative purpose of the "escape" behavior in traffic accidents on the basis of the objective purpose interpretation theory.This section first expounds the way to determine the purpose of the "escape" behavior norm,points out the specific content of subjective purpose hermeneutics and objective purpose hermeneutics,and on the basis of analyzing subjective and objective purpose hermeneutics,determines the interpretation method of objective purpose hermeneutics.And on the basis of the objective purpose theory of interpretation,analyze the current disputes in the academic circles about the purpose of the "escape" behavior norm,and finally determine the normative purpose of the "escape" behavior.The third chapter focuses on the theory of inaction of "escape" behavior.This chapter first analyzes the "escape" act as a theory to clarify the shortcomings of the theory.Then,it conducts an empirical study on the inaction nature of "escape" behavior from two aspects: "as the source of the obligation" and "the scope as the obligation".Chapter four Under the premise that the normative purpose of the "escape" behavior is to encourage the perpetrator to provide assistance to the victim,and the nature of the "escape" behavior is inaction,whether the two "escapes" in Article 133 of the Criminal Law are interpreted the same way Conduct argument analysis.Finally,on the basis of the same interpretation,a perfect opinion was given on the conviction and sentencing in the case of a special act in a traffic accident.