| With the rapid development of our economy and the improvement of people’s living standards,the number of cars has increased sharply,and the number of traffic accidents has also increased year by year,posing a serious threat to people’s life,health,and property safety.In real life,the phenomenon of escaping after a traffic accident occasionally occurs,making the lives of victims often in an extremely dangerous state,showing more serious social harm.The increased punishment for escape not only reflects the choice of criminal policy but also satisfies people’s negative attitude towards violations of the law and order.China’s Criminal Law and the Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents provide a series of regulations on "escape" and related issues.However,in the process of judicial determination,there are still some doubts about the behavioral attributes and predictive possibilities of escape,as well as the distinction between escape and other crimes.For example,escape itself is the act,must be accompanied by inaction,how to understand this;Is the subjective psychology of the doer only negligent or including indirect intention,that is to say,to determine the appropriateness of the doer’s psychological attitude towards the harmful consequences with the purpose of behavior.In addition,it should be made clear that only the constitutive elements of the basic crime and the aggravated constitutive elements can the accomplice of the crime of traffic accident be established. |