A Study On The Death Of The Injured

Discard the injured and thus lead to serious consequences case in the judicial practice in our country middle out one after another. Due to the disposal of the injured behavior main body is different, in the judicial practice in our country was carried out on the behavior of the person in the form of forms, the criterions for the conviction and lead to an academic controversy. By analyzing the case as the breakthrough point, two main research who will be injured after traffic accident displacement to the taxi, to escape from the law and escape, after the taxi driver was not to rescue the injured, but left it on the road and killed the victim in the case, according to two person of dumping behavior and their respective responsibility how to differentiate between the injured died, how to problems such as criterions for the conviction. Due to the theory and judicial practice for more than two at odds with what constitutes a crime, the offender for perpetrators some think constitute traffice offences, some think constitutes murder; For some taxi drivers don’t think composition as a murder, some think that does not constitute a crime, the author through the criminal law causality and not as a crime of criminal law on the theoretical analysis, think that the perpetrators should take traffic offences shall be investigated for criminal responsibility, because of its \ "due to escape the deadly\" statutory aggravating punishment plot, therefore, in the aspect of sentencing should be in the seven years of the sentencing punishment; And taxi driver behavior, although has certain social harmfulness, but under the current legal framework in accordance with the principle of crime legal xing does not constitute a crime. Therefore, the author thinks that can consider German and Japanese criminal law provisions of the crime of abandonment, proposed to the applicable scope of the abandonment crime in our criminal law and the object to be expanded, break the confined to have and the support relations, to such disposal of the injured will not be as behavior for criminal punishment, in order to reflect China’s criminal law and education and the principle of tempering justice with mercy and shock.