On Peng Mou Traffic Accident Criminal Law Analysis

In recent years," traffic" cases increased year by year, serious impact on traffic, a seriousthreat to the life and health of citizen and the safety of property. In view of the traffic accidentof serious harm to society, criminal law and judicial interpretation will be escaping behaviorafter causing a traffic accident as the traffic accident crime of aggravated circumstances. Atthe same time, after the traffic accident escaping behavior is behavior person after the trafficaccident behavior is an important content of. The escape behavior after traffic accident crimeactually is the crime behavior, is the behavior of human behavior. In response to this newbehavior, our country" criminal law" and" the Supreme People’s Court on the trial of criminalcases of traffic accidents several issues of concrete application of law"(hereinafter referred toas" explain explanation") on the " traffic" and its related problems were clearly defined, butin the judicial practice is still not a practice. Here, the author combines the actual trafficaccident, in the case of the perpetrators of the crime of causing traffic casualties have beenformed under the premise, the" traffic" in the judicial cognizance of simple. In order to in thejudicial practice can more accurate identification" traffic" the circumstances of sentencing.Besides the foreword, mainly includes the case introduction, case of focus and opinion, studyconclusions of four parts.Introduction: the study of Traffic Accident Escaping finds practical significance.The first part: presentation of a case： Mainly introduced the cases of traffic accidentcase. Including the court ’s recognition of the case fact, accused the party appeals to say, thedefendant argued that the court judgment.The second part: the case of the focus and the divergence of opinion. Including courtcases against focus induction and parties in case of divergence of views.The third part: a jurisprudential analysis. This part is the core of the thesis, mainlyinvolves the following five aspects:(1) the traffic accident crime" of" death caused by escapeconditions: Based on the practice of "death caused by escape" appears generally in threecases.";" death caused by escape needed to reach the four conditions in this case, to prove whether the accused." Death caused by escape".(2) after the traffic accident escapingdefinition and characteristics: Based on the" traffic accident" in the theory of five differentopinion analysis;" hit-and-run" which reached four conditions to prove whether the accused oftraffic accident escape.(3)" traffic" and" of" death caused by escape the connections anddifferences between these two kinds of behavior: by finding the difference and connectionbetween, further analysis of the escape behavior of the.(4) after the traffic accident,"" deathcaused by escape is the traffic accident crime or aggravating circumstances: the" criminallaw"133rd and" explain" research, determine how in practice the use of conviction andsentencing.(5) the road traffic accident, the parties shall assume full responsibility for theescape is: by discussing this problem, that whether the defendant should bear all theresponsibility of traffic accident.The fourth part: conclusion. Through the above legal analysis, the author thinks, in thiscase the defendant Peng Mou constitute the crime of causing traffic casualties. But the escapebehavior after traffic accident and victim’s death without the causation within the meaning ofcriminal law, does not conform to the" of" death caused by escape elements, so as to escapebehavior as "hit-and-run traffic". City court convicted is correct, but that its" death caused byescape" is wrong.