On Identification Of Causing Traffic Casualties And Escaping

China is a country with high traffic accidents.The number of people killed by traffic accidents ranks second in the world.Every day,many people lose their lives because of traffic accidents.People's right to life and health is seriously threatened.After the traffic accident,the behavior of the escaping of the actor is more frequent.The actor tries to avoid the obligations and responsibilities that he should bear by escaping,but makes the life safety of the victim in danger.It is something that cannot be tolerated by morality and law.In order to protect the law,punish crimes,and reduce such more frequent crimes,the criminal law of 1979 and the current 1997 criminal law stipulated the crime of traffic accidents.In 1997,the criminal law also stipulated the crime of causing escape and escape as a traffic accident.Penalties for the statutory escalation conditions.In 2000,the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents(hereinafter referred to as "Traffic Anecdotes")on "Escape after traffic accidents" and "Escape to death" Specific definitions have been made for the legal drafting of escape and traffic accidents.However,with the development of the times and the conflicts and loopholes in the legal and judicial interpretations,there are always many problems when applied in practice.Therefore,this paper will combine with practice,from the empirical analysis,explore how to identify traffic accidents and escapes,as well as existing problems and countermeasures in law and practice.The Chinese legislation adopts the "evacuation of legal investigations" for the identification of traffic accidents and escapes.It is based on the purpose of escaping the law when the perpetrator escapes,and determines whether the perpetrator has an escape plot.However,this method of identification is problematic.It does not conform to the principle that "the law is not difficult for the strong".It will also conflict with the system of surrender,and it will also induce bad social attitudes.However,the use of “avoiding the obligation to rescue” can effectively avoid these problems,and it can better protect the legal benefits and give the victims more hope.Through combing and integrating relevant cases,it was found that in practice,traffic accidents were determined to escape,and after traffic accidents,behaviors were known to the traffic accidents that occurred,and the escape behavior was implemented for the purpose of evading legal investigation.In addition,there are stillmany problems in the practice of identifying traffic accidents and escapes.Due to the setting of the escape scenario in the Interpretation of Traffic Accidents,the escape scenario has two different characteristics,which makes the judge repeatedly evaluate the judgement when he is slightly inadvertent.When judging traffic accidents,judges often refer to administrative law on escape regulations.Because administrative law and criminal law are different departmental laws,the criteria for determining escape are inevitably different and therefore cannot be directly quoted.Measures must be taken to improve legislation in both cases.Bridge between the bridges.There are also many problems in the identification of "death due to escape".When determining the causal relationship,the judge should note that there should be a direct causal relationship between the escape behavior and the death result.Otherwise,it cannot be considered as "death due to escape",and Because the behavioral person's psychological attitude towards death results is different,which leads to different natures due to escape and death,it should be classified and discussed separately,in order to more accurately determine which situations can constitute "death due to escape" ".Due to loopholes in the legislation and the negligence of the judges of the judges,many problems in the practice,such as different judgments,repeated evaluations,and imbalances in sentencing,have arisen.Therefore,it is necessary to strengthen the professionalism of the judges and to examine the facts more rigorously.People make fair judgments.In addition,it is necessary to improve legislation,make up for legal loopholes,and provide legal support for judges to make more accurate referees.