Systematic Explanation of"Escape"in the Crime of Traffic Accident
There are two main explanations for"escape"of the crime of traffic accident:"escape from legal investigation"and"escape from rescue duty". The latter,as the current general theory,has different understanding of"escape"between"fleeing the scene after traffic accident"and"running away causes a person's death"in the crime of traffic accident,and it is difficult to form a consensus. The existing definition method mainly evaluates the utility after the fact from the perspective of acceptability and clarity of the public,which destroys the unity of the legal order,leads to the confusion of judicial interpretation and law application,and the phenomenon of deviating from judicial interpretation in order to commit a crime is frequent. In order to ensure that judicial interpretation perfectly conforms to judicial practice and provision of the criminal law,and to ensure the coordination between legal norm system and provision of the criminal law,we should do a systematic explanation of"escape"which is used as a legal conditions for upgrading punishment. According to the principle of unity of legal order and the hermeneutic principle that we should give the same doctrinal interpretation to the same legal concept,we should interpret two"escapes"which is used as a legal conditions for upgrading punishment in Article 133 of Criminal Law in the same way. It should be interpreted as evading the supplementary obligations required to be performed by the vehicle driver according to Paragraph 1 of Article 70 of Law of the People's Republic of China on Road Traffic Safety. Based on the moderate monism of illegality,this supplementary obligation should be limited according to the specific purpose of criminal law. Therefore,in Article 133 of the Criminal Law,the establishment of"running away causes a person's death"should be based on the basic crime of traffic accident,and"running away causes a person's death"should exist as the aggregated consequential offense.
the crime of traffic accidentescapesystematic explanationmoderate monism of illegalityaggregated consequential offense
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