文档介绍：In recent years, traffic accidents are buried in the potential problem that the number of motor vehicles is increasing rapidly. Faced with more and more traffic accident cases, not only the interests of the majority of people but also social stability and harmony is threatened. Therefore, some provisions are made in the newly amended the Criminal law in 1977, and relevant laws and regulations, including the absconding of perpetrators, death of the victim, an plice to the crime and so on. But the content is more a matter of principle and the cases will be different in practice, and investigators have different interpretations of the same situation, so that different results appear in treatments of traffic accidents. Therefore, the author feels that it is necessary to analyze situations that may happen in traffic accidents and improve them. In this paper, the author takes Xu’s traffic accident as an example, trying to carry out the cause-and-effect relationship between Xu and Wang’s transposition escaping from the accident scene and Du’s death, in order to analyze the conversion situation between the traffic accident crime and intentional homicide, and to discuss the effect of different force of intervening factors and plicity in case of traffic accident, then to clear the criminal responsibility of the perpetrators, in order to be beneficial to judicial practice.
This article has the following four parts:
Part I: The author makes a brief introduction of the case to elaborate differences and focuses of dispute in the case.
Part II: The author analysis the focuses of dispute presented on the case from a legal perspective: Firstly, the author proposes the essential conditions that conduct traffic accident into intentional homicide, and makes not only the distinction between traffic accident transforms into intentional homicide and death caused by absconding from subjective and objective aspects, but also the similarities. Secondly, “several causes and one effect” met