法律优秀论文——“逃逸”行为的立法发展

随着我国经济的迅速发展，人民生活水平不断提高。交通的迅速发达也导致了相关的交通事故频发，以2010年 1至6月份为例，按照道路交通事故同比口径统计，全国共发生道路交通事故99282起，造成27270人死亡、116982人受伤，直接财产损失4.1亿元。全国共发生适用简易程序处理的道路交通事故1694153起，同比上升31.7%。

With China's rapid economic development, people's living standards improved. Traffic has also led to the rapid development associated with frequent traffic accidents in 2010 from January to June, for example, in accordance with the road traffic accident statistics caliber year, a total of 99,282 road accidents occurred, killing 27,270 people dead, 116,982 injured, direct property loss of 410 million yuan. Summary procedure occurred nationwide handled 1,694,153 from road traffic accidents, an increase of 31.7%. Among them are some of the accidents caused widespread concern in society, for example, in October 2010 River Campus "Li Qiming case", "BMW racing case" caused widespread social impact. In the face of such a huge traffic accident statistics distraught at the same time we need to attract more attention to traffic accidents!

从法院的审理情况看，交通肇事案件发生率呈整体上升趋势，肇事后逃逸的现象也越来越突出。面对如此严峻的形势，国家不断出台相应的法律法规，完善立法，以应对交通事故频发的严峻形势。而针对肇事后逃逸的行为人，由于造成更加严重的生命财产损失以及不良的社会影响，国家更是出台了新的政策法规予以制裁。

From the court hearing situation, Traffic Accident has shown an overall upward trend in the incidence, fled after the incident of the phenomenon has become increasingly prominent. Faced with this grim situation, the state has introduced appropriate laws and regulations, improve the legislation to deal with the grim situation of frequent traffic accidents. And for the behavior of people fled after the incident, causing more serious because the loss of life and property as well as adverse social impact, the state is the introduction of new policies and regulations will be sanctioned.

我国对于交通肇事中的逃逸行为，在立法上经历了不断完善不断补充的发展阶段。最早的我国1979年刑法第113条规定:从事交通运输的人员违反规章制度，因而发生重大事故，致人重伤、死亡或者使公私财产遭受重大损失的，处三年以下有期徒刑或者拘役;情节特别恶劣的，处三年以上七年以下有期徒刑。

Traffic Accident in our country for the escape behavior in legislation has undergone continuous improvement constantly replenished stage of development. The earliest of Article 113 of the Criminal Code 1979 states: "engaged in transportation of personnel who violate rules and regulations, and thus a major accident, causing serious injury, death or serious losses to public and private properties, and three years imprisonment or criminal detention; plot particularly bad, more than seven years in prison. non-transport personnel committing the crime mentioned in accordance with the preceding paragraph shall be punished. "But what about the law repealing the" case was particularly bad, "outside of the statute does not relevant judicial interpretations. Seen in the 1979 Criminal Code does not specify the escape behavior after traffic accident.

 August 12, 1987 the Supreme People's Procuratorate, adopted "strict accordance with the law on the road Traffic Accident notice" on the Crime of conviction and sentencing issues related to an explanation, but did not mention the specific Casualties situation.

1997 amended Article 133 of the Penal Code Penal Code section 113 of the original made big changes, mainly in the deletion of the original statute concerning the provisions of the Crime of body, while increasing Casualties behavioral treatment, improve punishment to the crime. Which provides that, in violation of traffic regulations, and thus a major accident, causing serious injury, death or serious losses to public and private properties, and three years imprisonment or criminal detention; Traffic Casualties or there are other extremely serious, more than seven years in prison; Causing death, less than seven years in prison. But with the right escape behavior did not make specific provisions.

For Traffic Accident meaning of the existence of some theoretical circles nowadays the main points are:

1 refers to the behavior of people in traffic accident, in order to avoid legal action children escape behavior. [2]
(2) In the event of accident, to give rescue the wounded and the behavior of the obligation to protect the scene, whether or not flee the scene, just give up obligations, they should be based on "Traffic Casualties" punished. [3]
3 refers to the act knowing that their actions caused a major traffic accident, in order to avoid legal action child is not legally the police, to protect the site, hear treatment secretly escape behavior. [4]
4 refers to the act escape rescue obligations and accountability are the two fundamental motives avoiders, the escape plot itself and form a separate sentencing and play a role in judicial practice, and not attached to or must act according to the preceding accident percent of casualties or property damage combined value that is able to play its sentencing function [5]
5 refers to violations of traffic regulations and thus a major traffic accident, the victim or damage to the property without making the necessary rescue or handling, unauthorized fled the scene, so that accidents caused by civil, administrative, criminal responsibility and accountability can not be determined behavior. [6]
6 Under normal circumstances, as long as the perpetrator is not in the Traffic Accident Victims Assistance, you can be identified as escape. [7]
The first view is that [interpretation] adopted in the view, but also in our criminal law textbooks used in view.
Seen, for escape behavior, although [explain] given the definition, but still evolved from a variety of perspectives in reality, then in the judicial practice, we should be [interpreted], based on comprehensive consideration of the perpetrator's subjective and objective aspects In the conviction and sentencing to be.

Escape, in the context of criminal law has a special significance. Crime and criminal law provisions of escape behavior in theoreticalcircles there is a dispute, for clarifying the meaning of escape on the legal definition of escape behavior has important significance.

First, on the perpetrator's conduct investigated escaping punishment, must be sought in legal legitimacy to be riddled [8]. Montesquieu once said: anything beyond the necessity of criminal law is oppressive. So you want to escape censure the conduct, it must be defined on the escape behavior, identify their composition.

Secondly, the definition of escape behavior helps in judicial practice for the correct understanding of escape behavior. Only a correct understanding of the definition of escape behavior in traffic accident in order to properly determine whether a crime, the distinction between the crime and his sin, which is the requirement of justice, principles of criminal culpability to adapt a concrete manifestation.

Finally, the definition of escape behavior judicial practice also helps to reduce the cases in the trial judge discretion to use, rely more on specific laws and regulations for trial. Clearly defined traffic crime in the concept of escape behavior will better guide judicial practice, reduce guilt clearly identify unknown circumstances, and this is our strict administration of justice specific requirements.