Research On Escape Cases In Traffic Accident Crime

With the booming development of the transportation industry,the number of traffic accidents has gradually increased in recent years,and the cases of traffic accident crimes derived from traffic accidents have also been on the rise.Traffic hit-and-run cases also occur frequently,which further increases the danger of public safety,and the identification of "escape" has become a difficulty in judicial practice.In order to solve the judicial application problem of "escape",the supreme people's court in 2000 explained the "escape" in the "interpretation on several issues concerning the specific application of law in the trial of criminal cases involving traffic accident".However,due to the lack of clear definition,it is difficult to deal with the escape circumstances under different circumstances.Some parties to a case do not appear to constitute an escape,but are eventually identified as one.Therefore,in the theoretical circle,the discussion and research on "escape" in traffic accidents are quite abundant,but the differences are quite serious.So far to achieve a unified understanding of the academic community.From the hit and run of traffic in 2000 to the academic controversy of "evading legal action" and "relief obligation",we can see that they all focus on the purpose of escape.Some scholars say that "escape" has become a "black hole" in the hermeneutics of criminal law in our country.It is no doubt that the core of the analysis and study of the problem of hit-and-run should be grasped--what is the normative purpose of "escape".This paper starts from a new Angle and USES another kind of thinking--type thinking to interpret what is "escape".In the research of legal issues,the typological research method is widely used,which is a valuable and open research thinking mode.To explore the core problem of "escape" of traffic accident by means of typological thinking,that is,to find out the purpose of its criminal code and find out the essence of "escape".First,sort out some cases related to "escape" and sort out the disputes in the cases.Through sorting out the problems,we can find the core problem of such cases is what is the normative purpose of "escape"? Other extensional problems caused by the purpose of specification are summarized.To find,after the "symptoms"suit the remedy to the case,expounds how to use type thinking looking for "escape"the purpose,the norms of criminal law in the "escape" the essence is escape the corresponding legal duty and analysis of the specific construction form of the"escape",finally into the traffice offences of logic system,respectively is the conditions of establishment of the traffic accident escape ","severe penalty conditionof escape" and "escape" in the escape causing death.