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Research on Traffic Accident Escaping Crime

Author: WangJian
Tutor: FengYaDong
School: Southwestern University of Finance and Economics
Course: Criminal Law
Keywords: Traffic accident Escape To cause death because of escape Qualitative Analysis Value Evaluation
CLC: D924.3
Type: Master's thesis
Year: 2008
Downloads: 353
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Abstract

Along with the development of China’s transportation industry, the growing traffic accidents,the escape phenomenon after traffic accident become more common and caused the death of people because of the escape phenomenon has become more serious. In order to effectively combat traffic accident escape crime, criminal law and related judicial interpretations and escape the traffic accident caused the death of people because of the escape of a regulatory system. However, due to the simplicity of the method and the complexity of the escape act, "Escape" both in theory and in the Criminal Justice in the experience of a wide range of disputes. In view of this, this paper attempts to provisions in the Criminal Law and related judicial interpretations on the basis of the traffic accident fled from the relevant issues in the following three parts analyzed with a view to be able to correctly handle traffic accident cases escape help.The first part of this paper is escape acts on the traffic accident summary of the legislative background. The theoretical circle of Criminal and judicial practical reason for the traffic accident in the escape of many problems have differences, and explain unclear, even blame the Legislative major mistakes, one reason is its lack of understanding of traffic accident escape the legislative background, which not accurate grasp of the spirit of the legislation. In order to be able to issue them fundamentally clearly explained by the existing Criminal Law of China, the 1979 Penal Code and the Penal Code before the draft on the number of "escape traffic accident" acts of Historical Review, revealed that China’s 1979 Criminal Code does not provide for escape and traffic accident Escape caused the death of people because of the background of the times, but also appeared to reveal its Criminal Law Regulation historical inevitability.This paper is the second part of the incident on the traffic escape crime outlined. Two main aspects of the demonstration: First is the concept of escape. Traffic on the judicial interpretation of the concept of hit and run out specific stipulations, domestic well-known scholars from different angles to do a more in-depth exposition to escape under their definition have different emphases. Through the various viewpoints of scholars and judicial interpretation of the requirement that after a comparative analysis of traffic accident after the escape, knowing that the perpetrator is in a traffic accident, to perform rescue the injured without the obligation to perform, or to avoid legal proceedings, and escape act.Second is the type of escape. According to different standards can escape into different types: First, in accordance with acts only after the incident whether the implementation of a single escape acts as a standard, the escape can be divided into pure and non-pure escape the escape. The significance of distinction between the two lies in the subjective vicious acts different, a direct impact on the conviction of the perpetrator and the sentence. Second, the perpetrators fled to whether it led to the disastrous consequences of the new standards can not escape into the escape led to serious consequences and lead to serious consequences of the escape. The main distinction between the two lies in the meaning of the sentence on the perpetrators.The third part is on this escape caused the death of people because of the exposition, the focus of this paper is primarily related to the questions as follows:First, the escape caused the death of people of the subjective sin problem. The author discards a lot of scholars from the simple method of purely criminal law and the theory of escape caused the death of people because of the subjective analysis of the sin, many scholars deny that simple escape caused the death of people because of the subjective sin fault either intentionally or conclusions, while some commentators have refuted that "the escape caused the death of people because of a traffic accident cases, the punishment given to the crime provisions of the legislative mistakes" point of view.Second, discusses escape caused the death of people because of the legal nature of this problem, academics usually have three viewpoints: the escape that caused the death of people because of a traffic accident Consequential Aggravated Criminal crimes, committed aggravated circumstances and the increasing complexity guilty. To escape from death due to the legislative requirements and commit aggravated Consequential Aggravated Criminal and the characteristics and differences of view, caused the death of people because of escape traffic accident should belong to the crime committed and not add to the plot or complex aggravated Consequential Aggravated Criminal committed.

Research on Traffic Accident Escaping Crime

Abstract

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