| This paper is written from the view of traffic accident flight behavior, and the research is done on the basic structure of traffic hit-and-run behavior, aggravating composition and accomplice question. By comparing the current academic views, 115 traffic accident flight cases in the city where the author lived conducted by all procuratorial organs of the city since 2009 are conjointly analyzed, the current criminal legislation and judicial interpretation problems are put forward and relevant specified regulations are revised (including revising article 133 of the Criminal Law, one of article 133 , Explanation of Some Problems on Trying Traffic Accident Criminal Case Specific Application Law of the Supreme People's Court, Grading Standards of Road Traffic Accidents of the Ministry of Public Security, Traffic Accident Flight Crime are added in the Criminal Law as the 2nd Article 133), the necessity and feasibility of revision will be analyzed and demonstrated. The article is composed of three parts:The first part is the summarization of traffic accident flight behavior. First, the existing Criminal Law, judicial interpretation, and seven regulations on Traffic Accident Flight in administrative regulations are listed, the above regulations combined with the common 12 flight cases are analyzed, relevant provisions in accordance with the current Criminal Law are pointed, and problems emerging in the common 12 situations will be evaluated. Two flight cases with minor offences not constituting traffic accident crime are not evaluated by the Criminal Law, two flight cases in heavy circumstances constituting traffic accident crime are not evaluated properly and one more serious flight case does not get criminal evaluation. Then six views of the definition on Traffic Accident Flight Behavior and existing problems are analyzed by theory circle. Through the comparative analysis, the definition of traffic accident flight behavior is put forward by the author. Traffic accidents in violation of the transportation management regulations, you are fully aware it may cause casualties or property loss but do not rescue the wounded, try to eliminate risk, reduce the loss, or behaviors escape civil, administrative, criminal responsibility determination and accountability before the investigation and handling of accidents. Secondly, according to four elements, the basic constitutes of the traffic accident flight behavior are analyzed.The second part is the aggravating constitute of traffic accident flight behavior. Aggravating constitute causes death because of flight. First, five academic views (including the view of judicial interpretation) is combined and analyzed, existing problems are pointed out and the opinion of the author is put forward. Death because of flight includes three situations: First, not perform salvage obligations, causing the death of the wounded without timely assistance; second, increases of risk of the wounded get hurt again because of traffic behavior, not eliminating danger, to cause the death of the wounded by the actually happened danger and damage caused by the danger; third, knowing traffic accidents will have casualties, escaping to cause victims to be towed to die. Second, there are some problems which need to be explained necessarily in crime which causes the death of the wounded because of flight. One, traffic accident actor has known his behavior caused traffic accident, which is the premise of Death Caused by Flight; two, traffic behavior before flight maybe not form traffic offences; three, subjective sin of causing the death because of flight can either be careless mistakes or the negligence out of confidence, also or indirect intentional but in practice must be handled according to faults. At last, complicity problems causing death because of flight are analyzed and modified/improved suggestions are put forward briefly.The third part is law revised proposals of related crime of traffic accident flight. First, specific opinions of relevant revised regulations are explained briefly. One, the proposal to revise the Criminal Law, escaping after hit-and-run shall be stripped out of the traffic accident crime and set out as traffic accident escaping crime separately. And it is the 2nd of Article 133 in the Criminal Law, dangerous driving sin, traffic accident crime, and hit-and-run crime shall be revised together to form the progressive unity. Two, revision of judicial explanation, and the main content of ten aspects of revision. Three, revision of grading standards of road traffic accidents and reasons of revising grading standards are mainly explained.Then we shall emphasize on the explanation of reasons of revising the Criminal Law and judicial interpretation. One, perfection of the dangerous driving crime charge, which will contribute for regulating dangerous driving behaviors. Through the perfection of crime, driving cars without driving qualification, cars without license plates or scrapped motor cars, motor vehicles with existing problems in safety device and serious overloading, serious over speeding to drive motor vehicles, etc. are flagrant circumstances shall be included in the evaluation range of dangerous driving crime. Two, according to the accident levels, traffic accident crimes shall be divided into three levels, which contribute to the link of administrative execution and criminal justice. Three, traffic hit-and-run shall be set as a kind of crime separately, according to the degree of circumstances and harmness, the setting of five principal penalty amplitudes in sentencing and shall also be fined and this will be good for striking escaping behaviors flexibly. Four, traffic hit-and-run shall be set as a crime separately, which contributes to exterminate a series of theoretical debates. Five, traffic hit-and-run shall be set as a crime separately, which is good for distinguishing negligent crime and intentional crime so as to provide clear basis for judicial application of the Criminal Law and other laws. Six, the revising of crime description of Article 6 in Explanation will be good for the proper evaluation of excluding other relief. Seven,special provisions about the application of law in article 9 of Explanation are good for achieving the purpose of legislation. |
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