交通肇事之逃逸行為研究.pdf

1、 碩 士 學 位 論 文 交通肇事之逃逸行為研究 交通肇事之逃逸行為研究 作 者 姓 名： 史訓斌 指 導 教 師： 戴勇才 西 南 政 法 大 學 Southwest University of Political Science and Law1Abstract Excerpt: In recent years, with the dramatically i

2、ncreasing numbers of motor vehicles, it is often to see traffic escapes behaviours which not only expand the harm of traffic accidents, but also bring obstacles to traffic cases processing. Although the appearance of the

3、 Criminal Law's regulations and judicial explanations provides an important standard to the traffic accident cases, yet, the Criminal Law still has its drawbacks in determining a traffic escapes behaviour no matter p

4、ractically or theoretically. The Criminal Law needs further improvement. The thesis aims at finding a better solution by means of analysing and discussing the existing legislation issues as well as proposing suggestions

5、in regards to set up traffic escapes crime. The thesis is composed of 4 parts. The first part is about the basic components and standards of constituting traffic accident crimes. The second part is in consideration of

6、the characters of a traffic escapes behaviour. According to the Criminal Law of the People's Republic of China, it does not exist relief prohibited provisions of the obligations. The issue of co-offenders in a traff

7、ic accident crime is explained and analysed in the third part of the thesis. At present, some contradictions between the penalty regulations of a traffic escapes co-offender and the basics of Criminal Law have been point

8、ed out. From my point of view, it is appropriate to establish the traffic escapes crime as well as punish co-offenders. The fourth part is the most important, which is a feasible research on the legislation of a traffic

9、 escapes crime. First, I explain the necessity of establishing a traffic escapes crime through analysing the existing judicial law. Second, referencing related legal rules of foreign countries, I analyse the possibilitie

10、s of setting up the crime. Last but not the least, I bring forward the law settings of a traffic accident crime. Key words: Traffic Accident Crimes; The Nature of the Conduct; Joint Crimes; Escape After Traffic Accident-