The Study On Escaping Behavior Of Traffic Accident

In recent years, with the surge of the number of vehicles and drivers, theincidence of traffic accidents especially serious traffic accident is much higher, whichcause more serious losses and more social attention, and the escapes are usuallyappeared in the traffic accident. As the more serious losses to victim and propertycould be caused by the escapes, the heavier factor was stated in the Article133ofCriminal Law of China. Additionally, to amend the defects of the Article133ofCriminal Law, Supreme Court announced the judicial interpretation about the severalissue over the crimes of traffic accident in2000which put some guides to theapplication of Article133and the definition of the escape. However, because of thecontradiction between the two legal contexts, it cause much more disputes andproblems.Therefore, this paper tries to combine the problems and the specific cases abouttraffic accident escaping behavior which the traffic police ever processed to make asystem research, focusing on some of the difficult、controversial issues, in order tobring some enlightenment to the judicial practice.The paper is divided as three parts:Part one is the summary about the escaping behavior in the traffic accidents. Onthe basis of ascertainment of congressional intent and essence, the author thinks:Escape refers to the behaviors committed by the person who cause the traffic accidentand is fully aware of the accident, does not fulfill the legal obligations of aid and assistof the accident responsibility confirmation duty but to escape,its substance is to lackone rescue duty and responsibility to determine the obligation of assistance which isthe reason why the criminal law is aggravating traffic accident escape behavior.Part two discusses the problem of hit and run traffic deaths. The author approve of the definition in the explanation, think the man dead in the traffic accident is the victimin the first traffic accident which should be constitute a crime and caused the deathdirectly and the suspect’s subjective fault to death is indirect intent only. In the sametime, the author analysis the causation between the death with the escape.Part three study some difficult and controversial problems about the escape in thetraffic accident. First, definite the scene of the traffic accident which should includeother sites closely connected with. Second, study the subject of the escape. Third, theresponsibility cognizance about the escape can not be directly applicable to criminalcases. Fourth, consider that there are also applicable of surrender to the basic crime oftraffic accident.