The Traffic Accident Causing Death Convicted Research

Recent years,with the rapid development of traffic establishment and various cars increasing,the crime of committing traffic offences occurs constantly,a large number of drivers escape from the traffic accident and then cause the victims die,in order to punish the illegal act of escaping the scene that neglecting victims'lives,the new criminal law defined the stiffer penalties of the traffic accident crime which named"the escaping cause victim die"in 1997.The judicial committee of Supreme People's Court psss a law which named The explanation of Supreme People's Court about some issues on hearing cases on traffic accident crime and concretely applying laws to that.This explanation made a further step on ruling conviction and measurement of the traffic accident crime.Theoretical and practical circles generally thought that drivers escaped from the traffic accident that made victim die should convict of traffic accident crime"escaping cause victim die"and never convict of negative crime of intentional killing.In order to rightly deal with the cases about drivers escaped from the traffic accident that made victim die and get clear the relationship and convicting boundary of traffic accident crime"escaping cause victim die"and negative crime of intentional killing,this paper recurs to a case to analyze and compare the basic nature and constitutive requirements of the two,as to define the each existing space in cases about drivers escaped from the traffic accident that made victim die.This paper divided into four parts.Partâ… Brief:The case of Li's crime of intentional killing.Partâ…¡Case:Presenting the case of Li's traffic accident crime,escaping and the victim's death.Partâ…¢Disputes and different points:The primal problem involved in this case is how to convict drivers escaped from the traffic accident that made victim die and make certain that be convicted of traffic accident crime"escaping cause victim die"or negative crime of intentional killing.In allusion to this problem,three are two different points of view:one point insists that the case should be convicted of traffic accident crime"escaping cause victim die",the other point insists that it should be convicted of negative crime of intentional killing.Partâ…£Legal principle is analyzed:The first section of this part analyses the meaning and constitutive requirements of traffic accident crime"escaping cause victim die";the second section analyses the constitutive requirements and equality of negative crime of intentional killing;the third section analyses the conviction boundary between the two and defines the each existing space in applying laws about drivers escaped from the traffic accident that made victim die.Partâ…¤Conclusion:This part analyses and deals with the case this paper presented,and convicts the defendant Li of negative crime of intentional killing.