On The Determination Of Escape In The Crime Of Causing Traffic Accidents

On August 6,2020,the Supreme People’s Court issued a report describing the characteristics and trends of traffic violations.The report pointed out that traffic accidents have increased in recent years,but the death toll is 94.389%.90%of the defendants were condemned penalty that conform to an approved standard of imprisonment.Hit-and-run is often an accompanying phenomenon.But the consequences of evasion are often even worse for the culprit.The research on the identification of traffic accident escape behavior has important practical significance for solving judicial application.First of all,in the context of traffic crime,"escape" must be accurately defined,it is the key to whether it can be recognized as "escape" in judicial application.If the perpetrator leaves the scene of the accident,he will be regarded as an escape in the crime of traffic accident.This will sure cause the traffic accident escape clause to expand the extent of use.But it is unreasonable to think that "escape" does not need to leave the scene of the accident.Obviously,the view compare to the common sense of life,it is hard to accept.The main viewpoints of hermeneutics focus on two aspects:the theory of evading legal investigation and the theory of evading the duty of rescue.Although the two theories are often in opposition,they use the method of teleological interpretation.But it’s actually both of them have some defects.Legal interpretation should be based on literal interpretation,supplemented by other interpretations,respect the hierarchy of legal interpretation,in line with the predictability of legal interpretation.Secondly,What needs to be clarified is how escape affects the punishment of traffic accidents.Fleeing is a conspiracy that may affect the verdict,has its own complexity.In order to avoid being convicted again,fleeing as a condition of conviction only applies to traffic crimes that have not yet been approved.despite all this,there still exist the problems of repeated evaluation and relationship confusion the penalty for deserters applies to crimes related to traffic accidents.In the actual judicial application,there is no unified standard to determine which kind of circumstances the actor’s escape behavior belongs to,therefore,the local court accident crime and the escape crime situation has appeared the same case different judgment phenomenon.In addition,it is unjustified some courts only use "escape after traffic accident" to define duty for the crimes of the former actor.It simply regards the former actor’s traffic hit and run behavior as the combination of basic crime of traffic hit and run,ignoring the possibility of rescue after the victim is hit.