Applicable Law For Instigating Others To Convict Him After A Traffic Accident

With the development of social economy,more and more people pursue efficient and convenient life,the use of vehicles is more and more widespread and frequent,traffic accident crime becomes one of the most common crimes in judicial practice,the crime rate is high every year.After a traffic accident,the perpetrator will usually try to evade the law,instructing others to take the blame is one of the common ways.In judicial practice,there are obvious differences in the application of laws to the act of inciting others to take the blame for traffic accidents,and the phenomenon of "giving different sentences to the same case" is obvious.There are major disputes over the application of laws among even the parties for prosecution,defense and trial.There are mainly four opinions: one holds that an actor has constituted the crime of traffic accidents,and shall be punished according to the basic statutory punishments for the crime of traffic accidents;the other holds that an actor has constituted the crime of traffic accidents,and shall be deemed as the circumstances of escape,and shall be punished according to the second statutory punishments for the crime of traffic accidents;the third holds that an actor has constituted the crime of traffic accidents and the crime of harboring,and shall be punished according to the combined punishments for several crimes;the fourth holds that an actor has constituted the crime of traffic accidents and the crime of impairing testimony,and shall be punished according to the combined punishments for several crimes.The key to the application of the law of the act of instigating others to commit a crime after causing a traffic accident is to make clear the difference and connection between the two acts.Based on a real case in judicial practice and related theories,this paper studies the traffic accident behavior and the act of instigating others to commit a crime separately,and concludes that the act of instigating others to commit a crime after traffic accident should be punished as traffic accident crime and several crimes of shielding crimes.This paper mainly includes four parts: the basic situation of the case and the focus of controversy,the jurisprudence analysis of the act of instigating others to commit the crime,the circumstances of instigating others to commit the crime,the analysis and conclusion of the case.Part 1: Basic information on the case and the focus of the dispute.This paper mainly introduces the basic facts and results of Pan Mou's traffic accident case.Through the analysis of four different viewpoints in judicial practice,it puts forward two problems studied in this paper.Part ?: The legal principle analysis of the act of instructing others to take the blame.Through the controversy and analysis of the punitive nature of the act of instigating others to take the blame,combined with the theory of ex post facto impunity and the theory of expected possibility,the punitive nature of the act is obtained.The act of instigating another person to take the lead in committing both the crime of shielding and the crime of obstructing testimony shall be deemed as an imaginary accomplice,and thus shall be convicted and punished for the crime of shielding.Part ?: The act of remaining at the scene and instigating others to take the blame is not an escape circumstance.Through the evaluation and analysis of the disputed viewpoints on the determination of the "hit-and-run" circumstance,the "hit-and-run" circumstance refers to the act of running away from the scene after the traffic accident without performing the obligation to rescue,which cannot be identified as "hit-and-run" if the offender remains at the scene,and the scene after the traffic accident instigating others to run away after the traffic accident does not belong to the "hit-and-run" circumstance where the offender runs away after the traffic accident.Part ?: The analysis and conclusion of this case.Using the research conclusion of this paper to apply the law to the Pan Mou's traffic accident case,it is concluded that the act of instructing others to commit a crime after traffic accidents should be punished by traffic accidents and several crimes.