On Qualitative Issues Of Absconding After Traffic Accident

Nowadays,in the society,the transportation industry is developing rapidly and the traffic and transportation are frequent.Therefore,there will be road traffic accidents.After the traffic accident,the behavior of escaping and escaping came out in an endless stream,which brought the loss of property to the people,and the safety of people’s life was not guaranteed.Due to the escaping of the perpetrator’s traffic accident,it has increased the difficulty of handling the case of the judicial organs.In addition,the possibility of two collisional traffic accidents has been improved to a great extent.In particular,the division of human death responsibility caused by the two collision traffic accidents is more complicated.Based on the case study of the victims in the two traffic accident,this paper analyzes the first collision behavior of the crashes,so as to identify the responsibilities of the perpetrators,provide greater protection for victims,achieve judicial fairness and justice,and maintain social justice.This article mainly has the following four parts:The first part: briefly introduces the basic situation of the defendant Shao’s traffic accident.Explain the disagreements and disputes that have emerged in handling the case.The second part: The legal analysis of the relevant issues of this case.The following three issues are emphatically analyzed: One is to discuss the conditions for determining“death caused by escape” and to analyze whether the determination of “death caused by escape” is based on the premise that the traffic accident before escaping constituted a crime;and secondly,the causation on criminal law was discussed.The causal relationship between the identification of the relationship and the presence of the intervention factor,the causal relationship between the escape behavior of the first perpetrator and the death outcome of the victim in the second collision is analyzed in the second collision traffic accident;the third is the death outcome of the traffic accident escape.Constitutes the subjective psychology of escaping from the identification of intentional homicides and traffic accidents,and analyzes whether the culprit’s escape behavior caused deaths in the second collision of traffic accidents to constitute a distinction between “death caused by escape” or not as intentional homicide.The third part: based on the analysis and study of the second part,combined with the specific case,we draw the analysis conclusion of the case: there is a causal relationship between the defendant Shao’s accident escape and the victim’s death outcome Xu;Shao’s offenses constitute the crime of traffic accidents and belong to “death caused byescape.”Through careful comparison and analysis of the differences between intentional killings that caused death and inaction caused by escape,it can be concluded that Shao’s actions do not constitute intentional homicide for inaction.The fourth part: The research implications of this case draw from the discussion of the above sections,which identifies the meaning of criminal law that causes death due to escape and its important role in judicial practice.As for the escape behavior of the perpetrators,the theory and judicial practice may lead to different judgments and charges.The differences between them are relatively large.It also reflects the legislative defects and areas for improvement in order to better apply to judicial practice and correctly identify the fugitives.The behavior reflects the legislative intent behind the legal provisions and safeguards social fairness and justice.