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Traffic Accident Crime Of Escape

Posted on:2007-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:C F LiFull Text:PDF
GTID:2206360185972070Subject:Law
Abstract/Summary:PDF Full Text Request
In communications and transport, accident-makers'hit-and-run is common and nothing new,as has been threatening and violating citizen's saftey and life, and also increases the difficulty for judiciary to deal with these accident cases. In 1997,in order to severely escaping from making accident, criminal law respectively prescribed "escap" and "escape leading to death" a worse case in guilt of traffic accident, and the people's supreme court who refered to Explanations to Some Questions concerning the Concrete Application of Laws in Hearing Criminal Cases of Traffic Accident(Call it Explanations for short in below)gave detailed definition for both of them and other related crimes. While the unrefined legislation and inperfect Explantions caused theoretical controversy. So it's great significant for the perfection of criminal legislation and correct justice in practice to systematically study escape and related questions.This thesis falls into four parts: the first part concerns basic issues about the act of hit-and-run, discussing its definition,subjictive and objective features, how it usually happen and to what degree it hurts and so on to get correct knowlege about it on the whole. The second part includes the analysis of " escape leading to death" defined by current law, that the nature of "escape leading to death" is felonious, that the mean of "escape leading to death" can be delibrate or negligent,how to determine the nature of hiding or abandoning a victim taken away from the spot so that the victim loses his/her life without getting any help.The third part is a research 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.The fourth part explained the main reason why the new crime name should be established.The "escape" breaks the legal responsibilites of...
Keywords/Search Tags:traffic accident making, escape, escape leading to death, a crime of escape from, making traffic accid
PDF Full Text Request
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