"Hit-And-Run" Independent Crime Conception

The transport industry in China developed rapidly, the traffic accident casesoccurred frequently in negligent crime. According to the traffic administrativedepartment of the information that, in the whole world，China is traffic accident casesoccurred in the highest volume state, and accident death rate for several consecutiveyears is high, According to statistics, after the accident, effective field aid can reducethe twenty percent fatality rate, but in reality, nearly half of the proportion ofperpetrators after the accident to the no bail-out, serious damage to his personal right,our country’s current salvage the situation is not optimistic. The current criminal lawof our country in133rd and enacted by the Supreme People’s Court on the trial ofcriminal cases of traffic accidents" several issues of concrete application of law on theinterpretation of" escape related issues made specific provision, it is conducive to theunified judicial activities. However, China’s current legislation on escape behavior ofdisposal lacks rationality and deterrence, caused a great deal of theoretical debates anddilemmas of justice, is not conducive to the protection of human rights of citizens, themaintenance of social order. Therefore, it is necessary to review the current legislationand to clarify its defects, determine the escape of the legal nature and connotation,systematic study of escaping crime is independent of the problem, in order to perfectthe current legislation system.The paper is about twenty–five thousand words. Besides introduction andconclusion, it is divided into three parts,The first part: the escape behavior manner of disposal of. First of all, using themethods of literature research, analysis of the current disposal methods of escapebehavior, pointed out that the behavior as the crime of causing traffic casualtiesaggravated offense. Then, using comparative analysis method, the theory about"escape behavior independent crime " the existence of conflict analysis, opposition tothe views and agree with opinions and reasons are discussed, and based on this, thisarticle agrees to escape behavior independent crime of position.The second part: the escape behavior independent crime motivation analysis.Firstly, by means of comparative analysis method and the analytic approach of theconcept, the domestic scholar about " escape behavior can be punished according tothe different view of this problem," to" escape the law says"," who fled the scene said"," not to perform the obligation of rescue " and" compromise " of these fourkinds of viewpoints to make review analyse in this paper, and put forward with" not toperform the obligation of rescue said" as punishment for escaping behavior legal basis.Secondly, the discussion will escape behavior independent crime of necessity basis,pointed out that the behavior is the behavior is more serious social harmfulness, thecurrent urgent situation called for strengthening the escape behavior regulationstrength. Again, the analysis will escape behavior independent of conviction andfeasibility, point out hit-and-run actually includes two behaviors: one is the fault ofthe behavior, second is deliberately escape behavior. On the basis of " the crimeconstitution theory" analysis of escape behavior subject, subjective elements and theobjective elements, the object, so that the behavior is different from that of the crimeof causing traffic casualties independent crime, with independent crime theory. Also,cited escape behavior independent of conviction of the extraterritorial legislationprecedent, and points out that China should learn from foreign legislative regulations.Finally, the analysis will escape behavior independent crime of criminal law.The third part: the escape behavior independent of criminal legislation design.First of all, discussion about whether it is necessary to" escape behavior" and" deathcaused by escape behavior" convicted respectively, as well as to escape crime whatcharges. Secondly, put forward the escape from traffic accident crime specific content,and advocate the people in the accident to perform the duty of report acts as aconfession processing. Finally, on the basis of " crime adapts the principle", the trafficaccident crime set out above the traffic accident crime, the crime of basic offense andaggravated offense and its specific sentencing range.