The Understanding Of “Death Caused By Hit-and-run”

The understanding of “death caused by hit-and-run” should be based on criminal law,and fully consider the actual needs of the community.Therefore,understanding of “hit-and-run” should be based on the literal meanings,and give full consideration to the legal interests;“people” in the legal requirement should understand only include the injured in the traffic accident.It should not include the second accident victims;thus,“death caused by hit-and-run” is refers to the perpetrator hides his whereabouts after causing a traffic accident,and escapes the the obligation,who should endured,of helping accident victims;as a result the accident victims died owing to lacking of timely assistance.the legal nature of “death caused by hit-and-run” is hard to be interpreted as aggravated offense.This legal requirement is independent and cannot be contained by traffic accident crime.Therefore,the clause should be understood as the basic crime rather than aggravated offense,its application should not depends on the basic crime of traffic accident crime.Based on the behavior of hit-and-run and the principle of suiting penalty to crime and criminal responsibility,The subjective aspect of this regulation should be indirect intention rather than negligent.And as the clause is a basic crime and belongs to deliberate crime,so the persons,who abet or instigate the drivers of hit-and-run to escape and causes the death of accident victims,shall be punished as an accomplice.