The Analysis Of Escape-death Type Of Committing Traffic Offense With The Theory Of Juristiche Dogmatic

Conduct of committing traffic offences is complicated in practice.While the explanation of Supreme People's Court about this crime had aroused controversy on the issues of conduct type,mens rea and distinguishing with other crimes in theoretical realm.This paper analyzed the escape-death type of committing traffic offense with the theory of Juristiche Dogmatic,mainly using the research methods of explanation,comparison and cases analyzing.Then,this paper put forward a new view upon this offense that escape-death is an omission independently which constitutes the combinative crime with committing traffic offense.As a constitutive element,escape-death is an independent conduct which is totally different from previous traffic accident: the victim of traffic accident is uncertain,while the victim of escape-death is certain,therefore,these two conducts are different from both actus reas and mens rea.Escape-death conduct cannot be regarded as aggregated consequential offense and aggregated circumstantial offense of previous traffic accident conduct.The normative purpose of escape-death offense is effective protection of victim's life which requires offender to take necessary measures to save life.Four kinds of escape related by committing traffic offense have same normative purpose,but they have various contents specifically from the different position in constitutive elements.The second escape is the aggregated circumstantial offense of previous traffic accident conduct,and the third escape is a combinative crime.If the previous traffic accident conduct cannot constitute crime which cannot be judged by inchoate situation as a criminal negligence,according the theory of combinative crime,offender only constitute the second offense then should be punished by homicide or manslaughter.With the independence of escape-death,the mens rea definitely concludes voluntary and involuntary forms.The conduct will constitute homicide if the offender directly or obliquely recognized the consequence of victim.Whilst,the conduct will constitute manslaughter if the offender have a reckless cognition about the death.Both two conducts can be adjusted in same sentencing extent to ensure the systematic harmony of criminal law.However,not allconsequence of death can be imputed to escape-death.Examining through the theory of objective imputation,the situation of non-causation link and other causation link cannot be regarded as escape-death.The positive conduct to escape the obligation of saving victim's life does not conform to the causation of escape-death such as taking the victim far away from accident spot or dragging the victim harshly in a high speed,which should be punished by homicide firstly,and then sentence by the theory of concurrent punishment if the previous traffic conduct constitute crime.Regarding the escape-death as an independent omission which composes a part of combinative crime,it is benefit to keep the independence of escape-death conduct for handling the disputes of mens rea and other crimes,and to establish a correct norm for guiding people to protect the life of victim.