Research On Several Problems Of Traffic Accident Escape

With the development of society,the increasingly developed transportation industry for people's lives to bring great convenience,at the same time,a large number of traffic accidents have become increasingly serious social problems.This behavior is not only for the social ethics cannot,but also violated the criminal law must accept the bottom line of criminal sanctions.In accordance with Article 133 of the Penal Code of 1997,the "Escape" and "Death due to Escape" were established as the statutory aggravating circumstances of the crime of traffic accident,and the Supreme People's Court promulgated the "Law of the People's Republic of China on the Specific Application of Law in the Trial of Traffic Crimes"(Hereinafter referred to as "interpretation"),to a certain extent make up for the 79 years of the "Criminal Law" on the provisions of the crime of traffic defects,but because of legislative technology,caused the crime of traffic accident,Abetting the escape to the accomplice of a series of new issues,resulting in traffic accident,whether in academic or judicial application there are many controversy.In this paper,the traffic accident escapes as the core,divided into three chapters for analysis and demonstration,trying to "escape" of the identification,nature,composition and "due to escape caused death" and other aspects of silkworm cocoon to correctly understand the crime of traffic accident.The first chapter studies the overall situation of traffic accident escape.First of all,not as a theoretical analysis of the "escape" of the legal attributes,that either "simple escape" or "escape escape" should belong to the omission,"pure escape" is purely not committed,"escape escape" is pure guilty.Secondly,with the criminal law as the starting point,explore the conviction as a conviction of escape and as a sentencing episode of escape.According to Article 133 of the Criminal Law,"interpretation" and criminal law theory analysis of traffic accident evasion as a conviction plot is reasonable;through a specific case analysis of how to determine the conviction as a conviction of the escape behavior.It is considered that the "escape" of the sentencing episode is only limited to the escape from the scene of the accident after the accident,and it is not included in the case of the case of "escape" as the sentencing situation and the "escape" as the sentencing situation is reasonable;The process of escape.The second chapter discusses the "death caused by escape" related issues.The first part is to study the purpose of escape,the second part is from the subjective and objective factors on the escape behavior of the re-study,the third part is the analysis of escape behavior and death results between the causal relationship.Secondly,to discuss the subjective sins of "death due to escape," the subjective sin of "death due to escape" is limited to negligence.It is more conducive to the judicial staff to distinguish between the crime of death and the crime of intentional homicide.Again,to introduce the doctrine of the legal nature of "death due to escape," that "death due to escape should not be the result of aggravated offense and should be aggravated."Chapter 3 discusses other issues related to traffic accident escapes.First of all,it introduces the basic theory of the transgressors and analyzes that the general offenses cannot set up the transgressors and that the subjective sins of the criminals of the accident can be either directly or indirectly.Second,the argument that others can not escape the crime of traffic accident and the analysis of the other means to instruct others to escape can constitute other charges;that the escape of others can not constitute a separate crime,but can constitute a harboring crime.Finally,the perpetrators in the traffic accident after the accident scene in the case of waiting for the situation can be set up surrender for analysis and demonstration;that "escape and wait for treatment" can be set up in the surrender of the "automatic surrender."...