Legal Analysis Of "Escape" Issue In Traffic Accidents In Judicial Practices

As one of the most common crimes in judicial practice,the crime of traffic accident is closely related to the personal and property safety of the people.Most criminal cases of traffic accident have simple facts and clear facts,and there is no dispute in conviction and sentencing.However,once the "escape" factor is involved,the crime will become relatively complicated,especially when there are special types of "escape" situations such as "impersonator","victim’s obvious fault","fleeing causing death",etc.,regardless of evidence collection Whether the behavior is determined will cause certain controversy and there are many legal issues.This article first explores the original legislative intent of regulating the “ escape ”behavior from the legislative evolution of severely punishing the“escape”behavior in traffic accidents.Then,based on the existing judicial interpretation,it extracts the conditions for establishing the “escape” behavior in traffic accidents.The subjective mentality,objective behavior,and the possibility of expectation afterwards are comprehensively considered,so as to make a scientific and objective judgment on "escape" behavior.Secondly,it analyzes in-depth the many problems in the identification and handling of "escape" behaviors in traffic accidents in China,and mainly elaborates on the dilemmas and problems caused by "escape" behaviors in traffic accidents,including "escape" behaviors and the hazards of traffic accidents.The problem of causality between the results,the confusion of civil liability and criminal liability based on the “escape” behavior,and the accomplices of “fleeing causing death”,and systematic analysis combined with judicial practice and theoretical perspectives,aiming to find out the current The insufficiency of the handling of "escape" behavior in the crime of traffic accident under the criminal law system.Finally,on the basis of fully absorbing different theoretical viewpoints and combining the problems faced in judicial practice,the idea of convicting "traffic hit-and-run" alone is proposed,and certain analysis and explanation are made from two aspects of necessity and legality.It is hoped that through this method,the current judicial practice can effectively solve the problems faced in the process of dealing with the criminal case of traffic accident "escape",and improve the national governance system and governance capabilities from the legislative level.