Disscuss On Traffic Accident "Death Caused By Escaping"

This article is mainly divided into four chapters.The first chapter mainly introduces the meaning of "escape" in traffic accidents.The criminal law provisions do not give a definition of "escape".The judicial interpretation of the Supreme Court defines "escape" as the act of escaping "to evade legal investigation" after a traffic accident,but there is a debate in the theoretical circles about the rationality of this definition.After introducing various viewpoints and stances,this article takes a negative attitude to the interpretation of the term "escape" by judicial interpretation.The second chapter discusses the constitutional characteristics of "death caused by escape" in the crime of traffic accidents,including the subjective and objective conditions for "death caused by escape",understanding the means of "person" in "death caused by escape","death caused by escape" constitutes a limitation on the circumstances of intentional homicide.On the subjective and objective establishment conditions of "death caused by escape",the establishment conditions of "escape" are mainly analyzed from the subjective and objective aspects,including subjective psychology,escape consciousness,time conditions,space conditions,and causality.Regarding how to understand the meaning of "person" in "death caused by escape",there are two main viewpoints in the academic field.One is that it can only be the victim of a traffic accident;the other is that it can also include the victim of second accident in escape.This article also analyzes these two viewpoints from differentangles,and puts forward that the scope of "people" should be limited to the victims of traffic accidents.As to the issue of "intentional homicide" caused by "death caused by escape",this article proposes that the establishment of intentional homicide should be strictly restricted from both the subjective and objective aspects.The third chapter analyzes the relationship between "death caused by escape" and the basic behavior of traffic accidents crime.It contains two sections.The first section discusses the standard protection purpose of "death caused by escape" and the second section analyzes the relationship between "death caused by escape" with basic offenders of traffic accidents crime.On the issue of regulating the purpose of protection,analyzed the two theories that are more representative in the academic circle,"the theory of evading accountability under the law " and "the theory of evading the obligation to rescue".Based on the characteristics and the legislative purpose of traffic accident crimes,this article argues that "evading the obligation to rescue" should be regarded as the standard protection purpose of "death caused by escape".Regarding the relationship between "death caused by escape" and the basic crimes of traffic accidents,this article focuses on three theories of aggravated results,aggravated plots,and converted crimes,analyzes the advantages and disadvantages of these three mainstream views,and proposes that "death caused by escape" is treated as a special provision of criminal law and recognizes its independence.Chapter fourth discusses the judicial interpretation of the "instructing escape" behavior after a traffic accident as a accomplice in a traffic accident crime,and sorts out the theorists' opinions on this provision.This article mainly analyzes the rationality of judicial interpretation account the "instructing escape" behavior as an accomplice of traffic accident crime,though the aspects of the nature of the traffic accident crime,the traditional theory of common crime,the common negligence theory,and the standard protection purpose of "death caused by escape".