On Escape Of The Traffic Accident Crime

Traffic crime as a common and more dangerous public safety crime at the moment threaten people’s lives and property safety.In reality,the phenomenon of escaping after a traffic accident often occurs,and the escape behavior makes the victim’s life in an extremely dangerous state,and the danger is more serious.In order to reduce and stop the occurrence of escape,the "Criminal Law of the People’s Republic of China"(hereinafter referred to as the "Criminal Law")will escape and the cause of death caused by the death penalty as the statutory aggravating circumstances,in 2000,"Supreme People’s Court(Hereinafter referred to as "interpretation")on the escape of the problem also made a specific definition.However,some contradictions between criminal legislation and judicial interpretation have led to many problems in criminal law theory and judicial practice.This paper holds that it is the key to solve the problem of escape from traffic accident.This paper first combs the domestic and foreign legislation on "escape",and finds out the existing problems in the legislation of our country.From the literal meaning of "escape" to interpret its legal meaning,and from the perspective of the purpose of standard protection of the "escape" concept re-interpretation;and then analyze the "escape" behavior elements and legal attributes,in the law of escape Qualitative,there are legislation on the sentencing circumstances and judicial interpretation of the conviction of the plot contradictory.The behavior of the escaping behavior after the traffic accident includes the act and the omission.This article mainly analyzes the act of acting as an act in the sense that the actman’s obligation is from the first act.The act of the first act can be criminal behavior,but it should be limited,Can only be a negligent criminal act,so the act of evasion as a source of obligation is the previous traffic accident,in the traffic accident caused harm results,the perpetrators have the responsibility to prevent the occurrence of more serious damage to the results,as the obligation to fulfill the content Rescue obligation.To clarify the meaning and nature of "escape" in "Escape to death",it is necessary to analyze the meaning of "escape" in Article 133 of the Criminal Law,and the two ends are "no relief" "Due to escape to death" requires the subject subjective death of the victims of the occurrence of the wrong attitude,which is not the intentional homicide between the subjective attitude between the distinction;"due to escape to death" understanding In this paper,"an accident" is consistent with the basic theory and realistic requirements,but also requires the victim’s death and escape between the behavior of the relationship between the "accident" and "second accident" Causal relationship,or can not be evaluated as "due to escape cause death." In the context of general interpretation,it is difficult to interpret the "obligation of dependency between family members" as "the obligation of relief of the deceased person",which is required by the crime of abandonment,so this article thinks that the escape act can not apply the relevant provisions of the crime of abandonment.There is no contradiction between the determination of the escape behavior after the traffic accident and the establishment of the surrender.The establishment of the escape act does not exclude the recognition of the surrender,and the two should be evaluated separately.Even if the crime of traffic accident is understood as a new creation of the basic mistakes and increase the intentional crime constitutes a crime,then the sentencing of the escape to the problem still can not be resolved,if the traffic accident escape conviction alone,then you can fundamentally solve This question.Finally,through the analysis of the "escape" behavior,that the escape behavior alone become more practical and feasible,and can resolve the existing contradictions and problems.