On Escape Of The Traffic Accident Crime

With the fast development of traffic transportation, there is an increasing of traffic cases. Traffic cases give the community a great deal of harm. After accidents happened, the perpetrators would be using different approaches to deal with it. Someone may rescue the victim in time and assme his legal liability. Sometimes,part of the perpetrators may have chosen the way of escape. The frequent runaway after the traffic accidents are threatening and invading the public safety of society and at the same time adding the difficulty of looking into these traffic cases for judicial authorities. The essence of runaway after traffic accidents is a kind of sub-action, we know. At the basis of a traffic crime, the escaping is a kind of behavior after traffic accident crime. However, it may cause the further development of injury victim and it may even cause death. It is estimated that 85% of traffic accidents cause death within 30 minutes, which means there's still 30 minutes left to give first aid to the injured to save their lives.The runaway after traffic accidents leads to the bad results that may have prevented and it is hard to identify exactly who are to blame for the traffic accidents. To punish the people run away from the traffic accidents, the new Criminal Law listed"escape"and"escape leading to death"as more serious crime, as you can see from"The interpretation about some concretely applied law problems of inquiring traffic criminal case"(it is referred to as the interpretation below) passed by the Supreme People's Court of the People's Republic of China. However, the imperfectness of the lawmaking and the limitation of the interpretation lead to some theoretical and practical problems. Therefore, it's essential to make a research on such problems relative to the escaping actions so as to perfect the lawmaking and it is the essential requirements of judicial activities successfully carriying out.The essay consists of five parts. Since the escaping action is the cause of traffic crimes, the author talks about the definition and content of it in the first part. Then the author talks about the traffic accident crime legislation and related judicial interpretations overview. The author expounds the great progress of the traffic accident crime legislation and related judicial interpretations from the founding of the early to now, which reflects that the legislature and the judiciary make a high priority to traffic accident crime to punish the criminal acts of the violations of traffic management. They make a positive contribution to safeguard our country's traffic situation.The second and the third part are the most important parts. The writer mainly expouds the escape after causing traffic and conrectly analyzes and makes certain the act of escaping after causing traffic trouble from the subject and the act of escaping and its subjective and objective aspects. On the question of escape behavior, the author organize different views of domestic scholars and put forward his views that we should adhere to the principle of unity of subjective and objective on the question of escape behavior. Then the author makes a general carding on the question of constitute of escape behavior after traffic crime. The author tries to define the elements of the behavior of escape from traffic crime at the judicial practice and focuses on the objective aspect of escape acts after the incident. First, the escape behavior is on the basis of traffic accident crime.Second, the time and space of the escape behavior is not limited to the time of the incident and on the spot, and we can have a certain degree of extension.The third chapter talks about the meaning and quality of the death resulted from escaping after causing traffic trouble, the subjective and objective aspects of death caused by escaping and the limits between death because of escaping and intentional homicide crime. In this section, the author discusses the legal nature of the escape behavior and the behavior of escape leading to death. We can clearly see the legislative provisions that escape behavior and the behavior of escape leading to death are provided as aggravating circumstances of the crime of causing traffic accident at the article 133 of the Penal Code.It is said that the escape behavior and the escape leading to death are based on the crime of causing traffic accident. In the "interpretation", the escape act is provided as a conviction circumstance. If one person makes a traffic accident which causes more than one person seriously injured and he takes the primary responsibility or the all responsibility, he escapes in order to avoid legal responsibility. It should be convicted and punished by the crime of traffic accident. From this point, we can find that there are contradictions between criminal law and judicial interpretation on the qualitative of escape behavior. So the author discusses the content and makes a point of view about it.The fourth part is a reseach about joint crime leading to death after the driver escaping from traffic accident. It focuses on the lack of theory on confederate in accident and argues from a side aspect to name a new accusation so as to make up the defect of law. It is called a crime of escape from making traffic accident.In the last part,the author makes some recommendations.This legislative proposal has been advocated by many scholars, but the legislature has not adopted it, so the author focuses ink on this part. The author explains the approaches of escape from a crime of causing traffic accident of some states. The author learns from the experience of other states, and advices our country should establish an independent crime of escape behavior. Then the author discusses the rationale basic of the new crime. Then the author elaborates on the elements of the new crime, including the subject and the act of escaping and its subjective and objective aspects. The nature of the new crime is omission. The author discusses the theoretical significance of the new crime. On the one hand, it solves the embarrassment of accomplice raised in the "interpretation"; On the other hand, it could also avoid the question that part of the escape behavior following the accident can not be convicted and punished. The author expounded the practical significance of new crime. We evaluate it objectively. On the one hand, there is conducive to exert the function of criminal law. On the other hand, the new crime entirely consists with the universal demands of the people of our country. The new crime can solve many practical significant questions, such as reduction and prevention of escape after traffic accident.