Research On The Identification Of Hit-and-Run Traffic Accidents In Criminal Law

The practical situation of hit-and-run behavior in traffic accidents is more complicated.Although there are many related studies,there is a lack of systematic theoretical support.For the research on the identification of hit-and-run traffic accident in criminal law,the overall grasp and analysis should be carried out from the theoretical status quo of the behavior and the situation in judicial practice.First,The escape behavior is essentially a kind of omission,and it is the behavior that the perpetrator has the ability to perform but fails to perform the obligation to rescue the victim.At the same time,it should be a complete omission in terms of behavior,but any form of action should not be regarded as a simple escape,and the crime of intentional homicide or the crime of abandonment should be determined according to the specific situation.In addition,it is advocated that the "knowledge" of the subjective and psychological elements of escape behavior needs to be considered in many aspects,not just based on the perpetrator’s selfstatement,but also a comprehensive evaluation based on the scene environment,the time of the accident,and road conditions.Secondly,from the perspective of normative purposes,the aggravated punishment for hitand-run traffic accidents is mainly because the perpetrator evades the obligation to rescue the victim and increases the victim’s legal interests.In addition,negligent crimes such as the crime of causing traffic accidents are different from ordinary negligent crimes,and have certain particularities.The purpose of the criminal law to strictly regulate the behavior is to encourage the perpetrator to actively rescue the victim.Thirdly,the escape behavior cannot be evaluated by the constituent elements of the crime of causing a traffic accident.Mainly in the case of hit-and-run after a traffic accident,the hitand-run behavior and the escape behavior are relatively independent.After the result of the hitand-run accident,the nature of the previous hit-and-run behavior cannot be changed due to the occurrence of the escape behavior.Responsibility for intentional homicide or abandonment.In addition,the hit-and-run traffic accident as a condition for upgrading the statutory penalty does not constitute an aggravated crime or aggravated crime.The circumstances of causing death do not require the establishment of the crime of causing a traffic accident as a precondition.Finally,from the perspective of whether the judicial interpretation is reasonable,evaluates the affirmative and negative theories that the crime of instigating escape and the crime of causing a traffic accident constitute a joint crime of negligence one by one.In conclusion,at the same time,it is believed that the handling of instigating escape behavior cannot be determined solely on the basis of the crime of harboring or intentional homicide,and it is recommended to be convicted independently.