Hit And Run Causing Death Analysis

"Criminal Law" provisions of Article 133, after escaping the traffic accident death at seven years imprisonment,Supreme People's Court "on the trial of criminal cases, traffic accident a number of issues specific application of the interpretation of the law" (hereinafter referred to as the "interpretation") under Article III if there is a second, first paragraph and paragraph 2 (a) to (e) provides that circumstances, after an accident, in order to avoid legal action and escape behavior in order to escape after a traffic accident punished.As the "Criminal Law" and "interpretation" only to escape the death of people identified in order to avoid legal action and escape, no escape, as escape behavior or omission, escaping the death of nature, what legal action to avoid detailed concepts requirements.Other laws also did not hit and run causing death of that standard to make clear and specific definition of the practice of traffic accidents causing death to escape the frequent occurrence of behavior, chaos filled the view in the theory and practice, leading to the practice of dealing with traffic accident escape death very difficult.In this paper, four cases, leads to legal issues need to be explored theoretically, and put forward reasonable suggestions related issues. Article consists of six parts, which is the fourth part of the core.Part I: Cause of action. Zhou, Wu, Zheng, Wang hit and run causing death.Part II: The case.Part III:This article has four focus escape were identified, to avoid legal action identification, escape behaviour is identified as or omission, hit and run causing death in nature.Part IV:The focus of legal analysis of controversial cases.The focus of analysis in four parts,A major focus of both subjective and objective definition of escape from the subjective aspects of composition requires that the perpetrator knowingly escape traffic accidents and avoid fulfilling its obligations, the objective aspect of the scene is the escape from the denial of the identification presented the essence of escape required by law to avoid obligations. Focus 2 discusses how to avoid legal obligations, obligations under the law summary and classification, the high degree of duty and obligation to rescue the points.Focus 3 discusses the behavior is as hit and run or not as that of hit and run death of people's behavior is not as, not as a source of obligations analysis, obtained from the first act and its legal requirements.Focus 4 the distinction between aggravated Aggravated Criminal offenders and that the hit and run causing death of the legal nature of Aggravated Criminal.Part V:Case to answer.Conclusion by analyzing the focus to answer the case.Part VI:Conclusion of the study.In order to facilitate identify the perpetrator after the accident occurred in a variety of behaviors, according to the subjective perception that there are different obligations of the subjective that there is no obligation, I do not know whether there are obligations of the subjective wishes of three cases, so as to practice reference dealing with specific cases to provide a basis for analysis.Through four focus on the analysis of the final conclusions, demonstrated that the "interpretation" set forth in the hit and run causing ambiguity in the definition of death, and then to amend the "interpretation" of the relevant provisions of the sort suitable for the present to cause a traffic hit and run relevant definition of death.