Judicial Determination Of Escape In Traffic Accident Crime

At present,in the theory and practice of criminal justice,the meaning of “hit and run”,the legal nature of “death caused by escape” and the existence of joint crime in the crime of causing traffic casualties,there are still different understanding,therefore,this paper to study the above questions,in order to improve the crime of causing traffic casualties.In view of the meaning of “hit and run”,this paper first comments on the current popular “escape from legal investigation theory” and “escape victim rescue theory” respectively,expounds the reason why “escape from legal investigation theory” is more reasonable,and then puts forward that the composition of escape behavior should be measured from the subjective psychology and objective expression of “hit and run”.As for the legal characteristics of “death caused by escape”,this paper first analyzes and evaluates three different viewpoints in the academic circle,namely,“the theory of aggravated crime by consequence” “the theory of aggravated crime by combination” and “the theory of aggravated crime by circumstances”,and then puts forward the author’s viewpoint,namely,the theory of aggravated crime constitution.About “death caused by escape” subjective aspect,in this paper,the theory of representative “negligence and indirect intent” “negligence”“indirect intention” to make evaluation,also in the “death caused by escape” causal relations also need to consider the possibility of the victim rescued alive and intervening factors and death the relevance of the results.The judicial interpretation of the four categories of persons who instigated escape to cause death constitute a joint crime has aroused controversy in the academic circles.This paper analyzes different views and recognizes the rationality of this situation as an accomplice,and makes a specific determination of accomplice from the aspects of instigating behavior,subjective psychology and subject.