An Analysis Of Criminal Law Issues Concerning Escaping In Traffic Accidents

Due to the uncertainty of legal definition and the ambiguity of the legal provisions,both judicial and theoretical circles have failed to realize the understanding of traffic accident escape and understanding of traffic accident related issues.For this reason,we should be on the traffic accident behavior are discussed to a certain extent,can more accurately grasp and use this Law in the judicial practice,accurate treatment involves traffic accident cases.This paper is divided into three chapters to comprehensively analyze the related problems of traffic accident.The main contents of the first chapter is the definition of the crime of traffic accident,the main content of the first section of the main body is the principal offender and accomplice to distinguish the crime of traffic accident,and from the common intentional scope,the instigator of the analyzed escape behavior of the main accomplice.The second section focuses on the analysis of subjective expression of escaping behavior,one describes the escape behavior of "knowingly" connotation should be understood as the person who knows or should know that the traffic accident happened,which already know traffic accidents or other phenomena,according to the situation of presumption should know their driving traffic accident has occurred;the two is to explain the subjective purpose of escape should be included in order to avoid legal action,in order to avoid legal obligation.It also expounds three essentials of behavior perform rescue obligations:first of all,the perpetrators should have the ability to fulfill the obligation of relief;secondly,the actors have the possibility of rescue;finally,identified the effectiveness analysis and rescue behavior when fulfill the obligation of relief.The three is the practice that the behavior of people because of fear of being beaten and escape,must be combined with the time and place of the crime scene analysis,analysis of the existence of people,families,and the behavior of the implementation of the possibility of beatings and other factors.The third section analyzes the behavior of the crime of causing traffic casualties.The first section mainly explainsthe traffic accident crime elements should be time after the traffic accident,the injured to the hospital,police and other departments to the scene before the treatment,at this stage if the perpetrator fled,fled after the transfer of the injured or the injured to the hospital after the escape belong to escape.The second part describes the elements of space traffic accident,as long as the public security organs before intervention,behavior and treatment of accident or escape in the relevant basic related sites,influence to the public security organs to escape any of the locations of the normal case investigation,can be regarded as a traffic accident.The second chapter mainly combines the relevant theory and literature to study the crime of traffic accident from the perspective of jurisprudence.The first section of the first part of the analysis that the nature of traffic escape behavior is as the second part of the definition of several escapes by comparing the academic circles,this article finds that the proposed traffic accident escape behavior definition,namely behavior subjective knowing the behavior of a traffic accident has occurred,to fulfill the obligation of relief but refuses to perform or pursue the escape the legal behavior and fled the scene.The second section distinguishes the nature of traffic accident behavior through six different classification standards.The main content of the third section is the analysis of traffic accident causing death.The first is to determine the nature of the case after the accident,the suspect in the premise of knowing that their behavior,in order to avoid legal sanctions and treatment obligations to the victims and opt to flee the scene,so that the victim died due to not timely medical treatment.The two is to determine the nature of the case is the traffic accident deaths caused by the legal elements,which mainly include: the premise of the suspect is in knowing that the behavior of traffic accident,accident suspects choose to escape directly or indirectly caused the death of the victim.The three is not as the theory through the analysis of traffic accident causing death to escape the theoretical foundation of transformation and other crimes,and analyzes the situation of transformation of escape causing death and murder,the crime of endangering public security and identification.In the fourth section,by comparing the academic point of view,this paper expounds the theoretical basis for the establishment of surrender after escapingfrom traffic accidents,and the identification and treatment of surrender after escaping.The third chapter puts forward the current legal provisions on traffic accident defects in law,one is to escape the plot aggravating perverse,two is the escape plot has been repeated evaluation of suspected in the trial practice,the three is beyond the scope of the crime of traffic accident escape behavior covered,four is the current legal provisions on the contrary accomplice the theory of joint crime.At the same time,these problems have brought some difficulties to the practice,it is difficult to define a plot or escape is conviction and sentencing,the two is the current law to escape acts punishable by penalty indulgence part,it is difficult to form a legal deterrent.To solve these problems,puts forward some suggestions: the first is to set up a separate "escape after traffic accident does not rescue the crime",second is to reduce the boundary condition and standard of traffic accident crime,promote the sentencing space,the third is to determine the behavior of traffic accident should be in accordance with the crime of intentional homicide and other charges.Research methods:(1)literature research method.According to the escape and the death caused by escaping the research direction of traffic accident,through literature review,literature retrieval and review of the literature data,views,basic grasp of the current academic research on the problem of the mainstream view,understand the relevant content,the domain knowledge of the results and content of influence in the field.(2)summarize the experience law.By summing up and analyzing the actual cases encountered in the trial practice,the system has been systematized and theorized,which has been raised to a common point of view.