Concerning Traffic Escapes To Death | Posted on:2012-12-11 | Degree:Master | Type:Thesis | Country:China | Candidate:W T Dou | Full Text:PDF | GTID:2166330338995643 | Subject:Law | Abstract/Summary: | PDF Full Text Request | Crime of Causing Traffic Casualties has become a daily occurrence at present, whilecoming along with it is the popular phenomenon of"causing fatalities by hit-and-run trafficaccident"in the real world. Although there is a special provision in the Criminal Law thatthe citizen whose escape behavior leads to other person's death should be sentenced to morethan seven years imprisonment, various attitudes towards the application of this provision stillexist in society. Based on this phenomenon the Supreme People'Court issued the clause"Explanations of several inquiries about the specific appliance of law concerning the Crime ofCausing Traffic Casualties case"to give a distinct specification on the term"were causingfatalities by hit-and-run traffic accident". However with the rising appearance of newproblems and circumstances the scholars'discussions on the Crime of Escape are still intense,which inevitably affects the normal legal actions in the practice of justice.In this passage the writer elaborates the content of"causing fatalities by hit-and-runtraffic accident", that is, the situation that the victim can't receive timely rescue due to theactor'escape to avoid legal actions. Meanwhile the writer show hie opinion on the appliedscope of the term"causing fatalities by hit-and-run traffic accident"defining the dead as thevictim of this case. The whole passage emphasizes the subjective question of the form sinconcerning"causing fatalities by hit-and-run traffic accident", clarifying intention and fault aspart of the runaway's subjective state of mind. Further more the writer elaborate the legalnature of"causing fatalities by hit-and-run traffic accident"and explain the differences amongterms including"causing fatalities by hit-and-run traffic accident","intentional homicide"and"offense against public safety in dangerous ways". Besides it points out certain considerationon the actor's subjective of mind should be taken into the measurement of penalty foraggravated offense in the behavior of"causing fatalities by hit-and-run traffic accident". | Keywords/Search Tags: | Committing traffic offences, Escape death caused, Form of sin, Legal nature, Sentencing | PDF Full Text Request | Related items |
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