Research On Traffic Accident Escaping Behavior

With the case of escaping from traffic is rising, Traffic Accident Escaping Behavior gradually become the focus of the criminal law theory and criminal justice in China. In order to protect victims and curb the occurrence of escape behavior, China’s criminal law increased the punishment of escape as well as death caused by escape, and the Supreme Court explanation made relevant problems of Traffic Accident Escaping Behavior more clearly. However, about the application of the Traffic Accident Crime, especially identified of Traffic Accident Escaping Behavior and death caused by escape,there is fierce controversy in the criminal justice, and there are also different views in the judicial practice.Based on the above-described problems, this paper take Traffic Accident Escaping Behavior as the topic, mainly explaining and researching the escaping for traffic accident and death caused by escape, in order to be beneficial to the further study of China’s criminal law theory, and provide a theoretical reference for the judicial practice.This paper mainly includes the following parts:The first part makes a brief analysis of the basic elements of the escaping for traffic accident, namely meaning and nature of the escape behavior. About the meaning of Traffic Accident Escaping Behavior, this paper agree with the doctrine of evading legal or rescuing the victims; Then analyze the nature of escape behavior, believing that it is an omission of evading obligations in nature.The second part discusses confirmation of escaping in detail. The escape behavior of the sentencing circumstances and the escape behavior as the conviction circumstances are analyzed. Then with specific examples,analyze the behavior of not realizing the accident and leaving the scene, traffic accident behavior of not having escape intention, and the behavior of asking others to be an impostor after the accident.The third part discusses confirmation of death caused by escape in detail. Consider that death caused by escape only refers to the first traffic accident escape resulting in victim’s death; The subjective aspects of the behavior are more negligent, but there are also indirect intention and even direct intention; Using the theory of "the reality of danger of practice",and combining with specific examples, the cause and effect relationship between "escape" and "death" is analyzed.The forth part analyzes the boundary between death caused by escape and the crime of intentional homicide of omission. Don’t think that as long as existing the antecedent behavior of traffic accident behavior can result in obligation, then establishing Non-pure omission. To establish the crime of intentional homicide of omission in the case of escaping for traffic accident, must require omission and behavior having equivalence.The fifth part focuses on the common crime about instigating crumbled escape insulting in death of the victim, advocating that perpetrators constitute the aggravating circumstances of death caused by escape, and the instigator is an abettor of abandonment crime.