交通肇事逃逸争议问题的实证考察-刑法学专业论文.docxVIP

AbstractWith Abstract With the development of our country’S economy,the improvement of people’S quality of life，motor vehicles have become the indispensable tools for travelling． However,with the increasing number of motor vehicles，there is a growing number of hit-and-run cases，how to regulate traffic hit-and—run behaviors has become the focus the criminal judicial practice in OUr country．At present,the trial of crinlinal cases caused by t3a伍C hit-and-rim are mainly according to the provisions of article one hundred and thirty-three of the cii_rninal law and the explanation of the concrete application of law in article 3，article 5 of the regⅡlatiom ofthe supreme peoples court． Due to the contradictions about hit-and-run cri／ninal legislation in our country,the content of the related legal rules is not clear,there exist different understandings of the academia and the legal practice oftraffic hit-and-run． Practice is the sole criterion for theory test．Although the current information of the theory about the traffic hit-and-run is rich in China and even the opinions put forward by some scholars are insightful，these theories need the test of judicial practice．Based on this consideration,this paper does empirical investigations on some typical Iraffic accidents that ale adjourned by the court．The case studies on traI伍c hit-and-run are expected to bring breakthrough for the development of legislative and judicial practice and effective guide for the judicial practice in our country．Firstly,this paper intmdmes the legislation regulation of the hit—and-run behaviors in our country and a曲yze whether the purpose of the legislation regulation is to judge the responsibilities of the people escaping the law or to protect the interest of the injured in the tra伍c hit-and·rail． Secondly,this paper investigates how the court makes judgments on death cases caused by the伽ic hit-and-run causing in the process of trial，how the court determines the accomplice in the traffic hit-and-run，