Analysis On Escaping Behavior Of Traffic Accident

Road traffic is an unavoidable important component of human life,at present,human technology has not been able to completely eliminate traffic accidents,so in the future before the settlement of measures mature,traffic accidents will still exist,which means that traffic accident cases in the criminal field will also occupy a larger proportion.This requires that the criminal law scholars should pay enough attention to the traffic accident and the more harmful escaping behavior after the accident.Our country's legislation also needs to carry on the correct effective regulation to the traffic accident and the escaping behavior after accident.According to the provisions of the 133 th article of our criminal law,our legislators treat the escaping behavior as aggravating circumstances of the crime of traffic accident,while in the Supreme People's Court the interpretation of some problems concerning the specific application of law in the Criminal cases of traffic accident(hereinafter referred to as "traffic accident explanation"),the escaping behavior after the accident is characterized as the constitutive element of the crime of traffic accident.It means that the legal norm has the differences on the conditions of conviction andsentencing condition in the escape behavior,besides,the definition of escaping behavior and the stipulation of the common crime of traffic Hit-and-run have obvious defects in the interpretation of traffic accident,which causes the controversy in the academic circle,but also caused the chaotic situation in judicial practice.This article will elaborate on this issue in detail,on the one hand,in order to form a deeper understanding of the problem,on the other hand,also hope for the academic community on this issue to add a little strength.The first chapter of this article mainly introduce the traffic Hit-and-run problem in the field of internal and external legislation,from the introduction of the extraterritorial legislative model to find some worthy of our learning,but also in the introduction of the corresponding legislative model in China certainly reasonable,reflect the deficiencies.The conclusions drawn after the introduction are: In the country(region)mentioned in this paper,the traffic Hit-and-run behavior is regulated by a separate law,but our country only makes the escape act as the accessory behavior of the basic offense of the traffic accident,and the extraterritorial practice makes a more accurate characterization of the escaping behavior.This practice for our country also has the reference significance;There are two kinds of theories on the definition of the escaping behavior of the traffic Hit-and-run,that is,"evading the sanction of law" and "escaping the obligation of salvation",and after systematically expounding the two theories,it also puts forward the views supported by the writer.The definition of escaping behavior is as follows:the perpetrator knowingly has the traffic accident,has the ability to rescue the victim and does not fulfill the rescue duty,or escapes the accident scene in order to evade the sanction of law;This chapter also expounds the reason for punishing the escaping behavior after the traffic accident.The second chapter analyzes the three specific problems of escaping behavior from traffic accident.The first is the specific identification of escape behavior,including the concept of "on-site" how to grasp? And what about escaping from the scene of the accident and not leaving the scene of the accident and other circumstances? The second is to explain the relationship between the Hit-and-run and the traffic-causing behavior itself is defined as a combination of the crime,based on the relationship between the identification will also be conducive to the resolution of many criminal law theoretical disputes;The third is to analyze the problem of the surrender of escaping behavior,including the introduction of different views on the theory of surrender,mainly "affirmation" and "negative" as the typical representative,but also to the specific identification of surrender,respectively,from the traffic accident under the basic crime of surrender and escape under the circumstances of the two-point of view.The third chapter throws out the current legislative thinking about the escaping behavior from traffic accident problem.Firstly,it describes the legislative defect of the traffic accident escaping in our country,including the dispute of the legislation in theory,such as the conflict between the explanation of traffic accident and the criminal law,and the theory of joint crime,causality theory,the deviation of the theory of aggravated crime and the violation of the principle of suiting crime and punishment,and it also causes all kinds of problems in judicial practice;Secondly,it puts forward the support of criminal law circles to set up the crime of traffic Hit-and-run,and demonstrates its necessity with the basic characteristics of crime,at the same time,to solve the theory dispute of accomplice and to provide support for the theory of“combining offense” is also the embodiment of its necessity.The feasibility of this accusation is mainly embodied in the general trend ofthe current world legislation,and it will also have a benign impact on society;Finally,the author's conception of "crime" and "punishment" was put forward to establish the crime of escaping from the traffic accident.This paper analyzes the constitutive elements in the case of the crime of escaping,and makes a hypothesis about the provisions under the frame of the offence,and finally expounds the penalty under this accusation.