Study On Death Caused By Escape In Traffic Accident Crime

With the popularization of automobile in the Contemporary Society,more and more people choose to drive cars,which is accompanied by frequent traffic accidents.According to the National Bureau of Statistics of the People’s Republic of China,one person will die in a traffic accident every eight minutes in 2020.Because the life safety of the victims is easily in the high dangerous state after the traffic accident,especially if the victims are seriously injured,it is urgent to help them in time.At this point,the perpetrator chooses to escape,which will undoubtedly aggravate the risk of death of the victim.The crime of traffic accident is a kind of crime of negligence,because the perpetrator of escaping is at fault,the law expects the perpetrator to save the victim’s life in time.Escaping behavior is not allowed by law and the public,it threatens the safety of public transportation,increases the difficulty of identification in judicial practice,challenges the authority of law and brings deep trauma to the victims and their families.Firstly,this paper analyzes two typical cases with different emphases,and by analyzing the judgment and summing up the focus of dispute,leads to several key issues to be discussed in this paper: One is the independence of escape plot;The third is the causality between escape and death.These three problems are distributed in the second chapter of the article,and the first chapter and the third section of the article are mainly to clarify the basic concepts and relevant situations of "death due to escape",it includes the concept,elements and characteristics of escape-related death,the scope of "person" in the crime of traffic accident.Then the third chapter is a new thought for the second chapter,through the analysis of theories and theories,combined with the law of our country on the crime of traffic accident "death due to escape" provisions,the author gives his own views on the specific problems of "escape causing death" : First,the author puts forward the existing problems of "the affirmation theory of constitutive requirements of crime",to discuss whether it is necessary for the previous act of causing a traffic accident to constitute the crime of causing a traffic accident in order to establish the circumstances of escape causing death stipulated in the criminal law,and to put forward an independent judgment on "escape causing death";The third is the determination of the cause and effect relationship(especially the involvement of secondary crushing and abnormal factors),and the third is the determination of the cause and effect relationship,it is more reasonable and scientific to determine "death due to escape" by the theory of equivalent causality.This paper puts forward some suggestions on the basis of the integration of theoretical viewpoints.We should strive for new viewpoints on the basis of previous studies.