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The Study on Escape of Traffic Accident

Author: JiangXi
Tutor: LuYouXue
School: Southwest University of Political Science
Course: Legal
Keywords: Traffic crime Traffic Accident Escaping Behavior Death caused by escape Common crime Traffic Accident sin
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 306
Quote: 0
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Abstract

With the social and economic development, the number of official cars and private cars increased significantly, the number of traffic accidents in China each year is high, often occur after a traffic accident escape behavior, repeated. Because the escape property damage further expanded, more serious injury, and even escape cause the death of the parties, and cause irreparable damage to families and society. In order to severely punish the behavior of Traffic Accident, 1997 \In addition in 2000 the Supreme People's Court promulgated the interpretation of the application of law on the trial of criminal cases of traffic accident \defined. However, due to a conflict between the \In this paper, starting from the case, differences and disputes that exist in the analysis of case studies of Traffic Accident behavior, to put forward their own views, considers it necessary to modify and improve, to play a greater function of criminal legislation. This paper is divided into five parts: the first part, the basic facts. Introduced the Li Mouzhao things run case, and the case has raised controversy and reason to analyze the cause of the dispute, the ideas proposed article discusses Traffic Accident behavior. The second part of the Traffic Accident behavior overview. The part of the first start from the Traffic Accident Escaping Behavior meaning advocate human behavior to evade the duty of assistance or be held legally liable for the escape of the escape, escape the spatial extent of including not only the scene of the accident, including the rescue scene, \The motivation is limited to a single motivation to avoid legal action, the escape space is limited to the scene of the accident does not meet the legislative intent; followed by analysis of the nature of the act Traffic Casualties Although the escape is positive behavior, but did not fulfill the legal obligations of the relief belongs to Criminal Law omissions; last from four angles of the object, objective, subject, subjective aspect Traffic Casualties comparative analysis of behavior and traffic crime that have different constituent features of escape behavior as the subsequent conduct of a traffic accident. The third part, caused by escape death \Starting from the concept of death caused by escape analysis of the objective and subjective aspects caused by escape death \The objective constituent features discussed a range of objects to cause death, harm results, not to the first traffic offenses of traffic crime as the premise, that a causal relationship between escape behavior and the death of the victim. Subjective aspects of behavior, negligence or indirect intent. The fourth part, traffic accident escape behavior of an accomplice. Departure from the provisions of the \Control a common criminal negligence theory, analysis of the provisions of the \The fifth part, case assessment and the legislative proposals. Based in part on the analysis of the view of the front part of the escape behavior, the nature of the behavior in the case of escape behavior were analyzed and identified. Traffic Accident behavior and escape and cause death plot and traffic crime guilty qualitatively different, it is recommended that the escape behavior was spun off from the traffic accident crime, set up a separate \Law, with reference to foreign Traffic Accident behavior analysis to establish the significance of the Traffic Accident crimes \

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