Study On The Problem Of Death Caused By Escaping In Crime Of Causing Traffic Casualties

Presently, our country's road traffic security situation is quite severe, and the cause-traffic-accident-escape is among the traffic crimes the much seen phenomenon. In recent years, the question the cause-traffic-accident-escape always is the attention focal point of the criminal judicature and the criminal law theory. Because neither our country's criminal law nor the Supreme People's Court's judicial interpretation gives clear stipulation about the related question of the cause-traffic-accident-escape, some stipulations conflict with the present criminal law and the criminal law theory, the theorists difference is very big, handling of this kind of case in the judicial practice extremely divided.The author tries to analyses and states the problem of the cause-traffic-accident-escape from the following three aspects : outline of the behavior of the cause-traffic-accident-escape, the expressions of death caused by escaping, the related questions of "killing caused by running away" the idea of adding the crime of cause-traffic-accident-escape. The author expounds his viewpoints . In order to solve the theoretical dispute the cause-traffic-accident-escape and properly deal with so many difficult problem in the judicial practice, and really carry out discipline of sentencing criminal accorded by legislation and carrying out justice accorded by equality. the best choice in the frame of present criminal law theory and legal rule is to strip the escape behavior from the traffic crimes and to set up the crime of cause—traffic-accident-escape alone. The author elaborates the need to attack the crime of cause-traffic-accident-escape, dispelling the theoretical dispute, unifying the judicial practice and correct processing etc. At the same time the author analyses the legislation cases in the related counties and regions and elaborates on the feasibility of setting up that crime in the legislation and hopes to benefit the revision and consummation of the criminal law and the judicial practice.