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The Research On Traffic Escapes

Posted on:2015-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:X Y FanFull Text:PDF
GTID:2296330470479719Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
There are some exceptions in the theory of the anticipated possibility. Generally the injured need help in the traffic accident and the driver run away from the spot frequently. As a result, the criminal law punishes the hit-run drivers. The core of no escape is not to evade the law. The perpetrator should rescue the injured and not interrupt an effective contact with the prosecution rather than to stop the car immediately, to protect the accident scene, and to report to the police,which are the obligation of administrative law. An effective contact means the perpetrator should show the police that he is the perpetrator, and make the prosecution get his effective contact information and be under investigation within a reasonable period of time when the prosecution investigates the criminal.“The escape causes death ”is the aggregated consequential offense. In the traffic accident when running away causes a person’s death, the perpetrator’s sin should be depended on the principle of the unity of subjective and objective rather than the attitude to the death. If the perpetrator escapes from the scene, there is no objective harm behavior. So the perpetrator`s sin is not intentional. As a result, the traffic accident crime is purely negligent criminal.The article adopts the dominant causal relationship theory when the traffic accident crime turns into the negative crime. The perpetrator must control the causal process in his own hands, which means he must obtain the exclusive domination by his meaning. In some cases, he gains the exclusive domination for the dominant field. If the perpetrator hides or abandons the wounded, he obtains the exclusive domination by his meaning. In the extreme environment, the perpetrator gets the exclusive domination for the dominant scene. If the perpetrator purely escapes, he commits a negative crime.
Keywords/Search Tags:escape, rescue obligations, effective contact, the unity of subjectivism and objectivism, negligence
PDF Full Text Request
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