Some Problems traffic crime

【Abstract】With the rapid development of our economy， the vigorous development of transportation， traffic life makes us more convenient， but the ever-growing number of traffic accidents seriously threaten the safety of peoples life and property.Chinas “criminal law” mainly through 133rd and November 10， 2000， the Supreme Peoples court “interpretation” by the Supreme Peoples Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accident of traffic accident behaviorrules， but in practice there are still a lot of controversy. In this paper， the existence of surrender from traffic accident behavior， behavior of escape， escape to death and how to perfect the legislation of crime of causing traffic casualties.

【Key words】Traffic Crime； Escape behavior； Surrender

1. Overview of traffic accident crime

In the first view， it refers to the act of violating traffic regulations and regulations， causing serious accidents， causing serious injury， death or serious loss of public or private property. This view is the point of view， the point is not to limit the main body of traffic offences， the composition of traffic offences range is narrowed， the fault cause serious accident crime， is convicted by accident type.

In the second view， it refers to the behavior of transportation personnel in violation of traffic regulations and regulations， causing serious accidents， causing serious injury， death or serious loss of public or private property. This point points out that the main body of the crime is the traffic transportators， but there is no specific definition of the other person， and not only narrow the scope of the subject， but also not conducive to the investigation of the perpetration of others.

2. The problem of self-surrender of traffic accident

The first is to say that the perpetrator did not flee the scene after the accident， to assist the victims， cooperate with the investigation， truthfully confess， and automatically make a confession.

It is the duty of the perpetrator to assist the victim after the accident， not to flee the scene， and to contact relevant departments and other obligations under the traffic management regulations. If the perpetrator does the above act after the accident， he cannot be identified as himself， for the perpetrator is in compliance with the obligations under the law. And “surrender” generally refers to intentional crime， traffic accident crime is typical of negligent crimes， criminal negligence “surrender”， will cause confusion with the logic of law itself legal conflict. Other scholars believe that the actor usually has two kinds of performance， one is to avoid legal liability， the other is to take legal responsibility. Therefore， there is no self-opening plot.endprint

3. There are two conditions for the establishment of self-determination， for the following reasons

Surrender is one of criminal penalty system in our country， belongs to the guidance of the sentencing system， general to the specific provisions of criminal law provisions of the criminal law all terms of crime has a guiding significance， but the general surrendered to the application of the crime types did not make specific definition， but also not the terms of the general rules should not applicable in the traffic accident， on the basis of traffic accident can be used in system.

Self-surrender is automatic and truthful statement. If the actor escapes after he escapes， he will be able to turn himself in to the truth. In particular， traffic after the accident， the driver fled the scene， no relief victims， and then through a series of ideological struggle should， truthfully confesses the truth after， in accord with the law， can be regarded as surrender. Or if there is a traffic accident， the driver will stay at the scene of the accident， cooperate with the work， explain the case， rescue the victim， and act in accordance with the plot of the first one， which can be considered as surrender. It can be concluded that the system of self-surrender can be applied in the crime of traffic accident.

The law stipulates that the establishment of self-surrender is not explicitly restricted to intentional crime， and the crime of traffic offences committed by negligent crimes can be applied to the system of self-surrender.

Under the law of law， the law of the upper part is superior to the lower one， which is the upper law for the road traffic safety law， so the law is more effective.

4. Research on hit-and-run behavior of traffic accidents

What is a “escape”？There are several main points of view：one is that it is subjective and sensible to be responsible for the cause of the accident. This view will only stay “escape” the escape the legal responsibility shall be investigated for the escape of the plot for the perpetrators to actively rescue duty， not in order to make the perpetrators take the initiative to accept the law. Second， think those responsible for their own the behaviour is a sensible， but the perpetrators to escape the legal responsibility， thus didnt fulfill the help， protect the scene， waiting for the judiciary personnel legal obligation， to take the escape behavior. This opinion advocates the legal obligation of the actor to save the victim， and the key point is to investigate the legal liability of the actor. Thirdly， the perpetrator should assume the legal obligation of the perpetrator to avoid the responsibility of the perpetrator and to avoid the rescue obligations of the victim. The idea is that people who leave the scene of the crime for the sake of not being legally responsible or rescuing the victim should be deemed to escape.endprint

“Escape” in traffic accident， including subjective and objective. Traffic accident “escape” is defined as：person know they violated traffic safety laws and regulations， and cause serious accident， not to give the victim to actively help， to avoid salvage the victims obligations or legal accountability and choose escape behavior.

Is “escape” a conviction plot or a sentencing plot？According to article 133 of the criminal law， the perpetrator constitutes a traffic accident， and the main point is whether there are serious legal consequences. This escape belongs to the sentencing plot， not to identify the constituent elements of the formation of a crime. The supreme peoples court on the concrete application of law in trying criminal cases of traffic accident problem of interpretation rules of escape behavior belong to convicted circumstances， goes against the principle of a legally prescribed punishment， for the above law， it can be seen on the escape behavior is the conviction and sentencing plot plot is there is a big controversy.

5. The question of the death of a hit-and-run accident

The concept of “escape to death” has the following views：first， the act of not rescuing the victim， leaving the scene of the accident and causing the death of the victim after the traffic accident. The second is the category of the conversion offense which is considered to be a traffic accident， which can be used to establish indirect intentional homicide. The third refers to not only the deaths caused by negligence， but also the plot to include two consecutive traffic accidents.

作者簡介：李芳（1990-），女，汉族，山东青岛人，青岛大学硕士研究生，研究方向：诉讼法学。endprint