Research On Issues Related To Traffic Accident Escape

In recent years,the pace of people’s life has gradually accelerated,the per capita ownership of private cars has increased,thus increasing the risk of traffic accidents.With the increasing number of traffic accidents,traffic accident crime has gradually become the focus of judicial practice in China.The "escape" behavior after the traffic accident is the most important one,because this kind of behavior not only makes the victim face the risk of serious injury and even death,but also increases the difficulty of responsibility identification and follow-up work,which is a cancer affecting social harmony and stability.However,at present,the boundary between "escape" behavior and "death caused by escape" behavior is not clear in our country,and there is a great controversy in the theoretical circle,which increases the difficulty of judicial determination.So this paper intends to take "Research on the relevant issues of traffic accident escape" as the theme,and analyze the behavior of traffic accident escape and human death caused by escape from multiple perspectives.This paper mainly includes the following four parts:First of all,this paper analyzes the literal meaning of the word "escape" and the connotation of criminal law respectively from the perspective of the escaping behavior in traffic accidents.It simply lists several theoretical controversies about the escaping behavior in the criminal law academic circle and expresses its own views.In addition,it also analyzes the legal nature of the traffic hit-and-run behavior,it is considered as a typical omission crime,and it is considered that it violates the legal obligation to actively rescue the victims in time.Of course,the author also analyzes the legal elements of the traffic accident and escape from the subjective and objective elements.Secondly,the concept of two "escapes" is not clearly defined in the current criminal law of our country.In order to clearly distinguish the two escapes,the authorintends to discuss them from the two perspectives of "escapes" and "deaths caused by escapes".Among them,the first "escape" is analyzed from two aspects of conviction plot and sentencing plot respectively,so as to draw the conclusion that double evaluation should be prohibited.In the specific development of "death due to escape",the legal connotation,the premise,the actor’s subjective state of mind and the angle of causality are mainly selected to discuss,and the situation in which the person who causes the accident needs to be responsible for the death result of the victim is deduced,which provides a clear reference for the specific application of judicial practice.In addition,from the perspective of the joint crime of traffic accident escape behavior.On the one hand,it introduces the contradiction between the definition of accomplice in the criminal law and the interpretation in 2000,and analyzes whether the culprit in the crime of traffic accident can establish the accomplice of the crime;On the other hand,the clear point of view is that there should be no joint crime in the crime of causing traffic accidents,At the same time,it analyzes the viewpoint of the“explanation” and then analyzes the behavior of the Instigate the escapee.Finally,it lists the legal systems of several other countries in terms of the escaping behavior of traffic accident and analyzes them in combination with the actual situation of our country.On the basis of studying the legislation of these countries,it provides feasible legislative suggestions for the improvement of the crime of traffic accident in our country,and advocates the establishment of the crime of escaping from traffic accident in our country.