Research On The "escape" Problem Of Traffic Accidents

The traffic accident crime with the development of society,in the moment is one of the frequent crimes,its social harmfulness has caused more and more attention,the circles of criminal law and practice of this nature has also put more attention,and the existing laws and regulations,judicial interpretation of the relevant provisions of the traffic accident escape has been controversial endlessly,also affect the understanding and application of the criminal judicial practice,so the issues related to escape study depth is very necessary.The main body of the article is divided into three parts,that is,the question-the analysis of the problem-the logical order of solving the problem.First of all through the case,leads to controversy: for the traffic control department due to the behavior of people escape and presumption of full responsibility or the responsibility of the accident responsibility confirmation can be directly used,can escape plot in the conviction and sentencing links are to be evaluated,as an example of traffic crime,whether the punishment to crime,secondly on the basis of the foregoing on the current judicial interpretation that "to avoid legal action and escape" is a subjective element of "escape" has one sidedness and the judicial interpretation to instigate the driver identified due to escape death was clearly not a legal accomplice.Finally,through the analysis of the problems analysis,identify the key problem,then put forward some suggestions,both as a "temporary solution"(the introduction of the new judicial interpretation and the establishment of an independent mechanism of accident identification),also has a "permanent cure"(single set of traffic accident crime of escaping)thus,accurate processing of applicable law,to provide a theoretical reference to attack this kind of crime.