| The establishment of a fugitive act after a traffic accident must be based on the premise that it constitutes a basic crime of traffic accident.If the perpetrator flees the scene after evading the legal responsibility after a traffic accident,if it has already been assessed as a constituent element of the crime of establishing a basic traffic accident,it cannot Reconfirm that this behavior is an escape.The purpose of aggravating penalties for criminal law is to protect the victim and is by no means the act of the perpetrator to evade legal liability.Therefore,the word “escape” in the words “escape after traffic accident” and “death caused by escape” should be interpreted in the same way.This article is divided into two parts:The first part is the introduction,which mainly introduces the research purpose,significance,research methods,difficulties and innovations of the thesis.The second part is the main text.There are mainly three parts.The first chapter is the basic case and the focus of the dispute.It introduces the basic facts and disputes of the Chen Moumou traffic accident case.The focus of the dispute includes the following two points: First,whether Chen Moumou left the scene of the accident is an escape after the traffic accident;Whether Chen Moumou’s actions belong to a traffic accident escapes and causes death.The second chapter is an analysis of the case.Based on the laws and regulations and the theoretical perspectives of the relevant issues,the author elaborates on the author’s understanding and comprehension of the basic traffic accidents,the escape after traffic accidents,and the composing elements of “death caused by escape”.Around the focus of the dispute,the nature of the defendant Chen Moumou in the case was analyzed.The third chapter mainly draws the author’s conclusion on the controversial focus in Chen Moumou’s traffic accident case,and elaborates on the author’s thoughts and suggestions on how to determine the escape after traffic accident and the "death caused by escape" in the traffic accident case. |