Research On The Identification Of Traffic Hit-and-run Behavior

In order to find the similarities and differences with the nature of hit-and-run,this paper starts with the focus of three typical cases,Some questions about hit-and-run traffic problems are raised,analyze the nature of the "scapegoat" behavior,the nature of leaving the scene of an accident after the alarm and the legal nature of surrender without performing the obligation of salvage.The problems existing in the identification of escape behavior are deeply explored,then make corresponding suggestions.To reduce the occurrence of different judgments of the same case in judicial practice.This paper mainly discusses the relationship between the actor’s behavior and escape behavior in three cases,this paper is divided into five parts structurally:In the first part,the author points out some controversial points about the identification of hit-and-run behavior in the form of the case of liang who was replaced after the accident,the case of wu who left the scene during the police operation after reporting to the police,and the case of he who failed to perform the rescue obligation.The second part,through the typical case of the focus of the legal analysis,and the escape behavior is defined,it leads to the theory of evading legal investigation,the theory of evading rescue obligation and the theory of parallel obligation,which are controversial in the academic circle.This paper recognizes the theory of parallel obligation,because the doctrine can achieve a more comprehensive protection of interests,there are also priority differences among obligations,it can give priority to the protection of important legal interests.Through this theory there is also time and space to determine that the actor constitutes the traffic hit-and-run.From the punishable,the number of crimes,whether constitute an accomplice of the theory of the analysis of the "scapegoat" behavior.The accomplice theory mainly include "set up a joint crime","not set up ajoint crime","to distinguish said."The third part analyzes the legal principle of the dispute focus of typical case two,this paper analyzes whether the crime of surrendering in hit-and-run traffic should be identified,The existence of positive theory or not.This paper endorses the doctrine of affirmation.And give affirmation to wu’s surrender plot.Through the analysis and comparison of the subjective and objective aspects of this line and the subjective and objective aspects of escape behavior,the relationship between similar cases and escape behavior is obtained.Finally,the behavior of wu was characterized,to conclude that he did not constitute an escape.The fourth part is the case of he who failed to fulfill his legal obligation and surrendered,Then it introduces the legislative purpose of escape and analyzes the relationship between surrendering and performing the obligation of rescue.Finally concluded that not to perform the rescue obligation must not constitute surrender.And according to the legislative purpose and constitutive elements of hit-and-run get what constitutes escape.The fifth part through reflections on the above three cases,then the hit-and-run comparing with general criminal escape.It is found that in the judicial practice there exist the confusion of the application of the circumstances of conviction and the circumstances of sentencing and the confusion of the constitutionality of the legislative purpose.Finally put forward the convicted circumstances and given circumstances of to be clearly identified.and emphasizes the observance of the principle of prohibition of repeated evaluation,then through legislative amendments to solve problems in the escape,at the same time,attention should be paid to the constitutional review of legislation.