Study On Escape Behavior Of Traffic Accident Crime

In 1997,the criminal law revised the crime of traffic accident,and escaping after the accident became a legal situation that can improve the discretion of punishment.Later,the supreme law made a detailed interpretation of various situations and specific treatments in traffic accident crimes,and formed the interpretation on Several Issues concerning the specific application of law in the trial of criminal cases involving traffic accidents(hereinafter referred to as the "interpretation").Escape often occurs in traffic accidents,and this situation has high social harmfulness.However,due to the complicated factors in traffic accidents and the absence of theory,judicial practice is often uncertain.Based on the effective writing logic,this paper first studies the current effective judicial interpretation,summarizes the behavior elements of determining the escape after the accident in the traffic accident,examines the intention of the legislator,and combines subjective and objective factors from the perspective of the actor,focusing on its internal psychology,behavior,the possibility of expectation after the accident,so as to reasonably identify the crime of hit and run.On this basis,in view of the specific difficulties and shortcomings in practice,this paper first extracts the establishment conditions for identifying the traffic accident "escape" behavior according to the existing judicial interpretation,involving the causal relationship between the behavior and the result,the confusion of responsibilities in different criminal and civil laws,and joint crimes.It is worth noting that only based on the analysis of both theory and practice can we find the shortcomings and difficulties in conviction and sentencing of hit and run behavior in the implementation of the current criminal law.While analyzing the problems,this paper also puts forward targeted solutions.By demonstrating the importance and feasibility of separating the hit and run behavior from the hit and run crime and convicting it independently,it makes legislative suggestions,alleviates the practical difficulties in the current hit and run crime,and improves the legislative and judicial situation in the relevant fields.