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交通肇事罪是当前社会中一种常发的严重犯罪。本文主要探讨了交通肇事罪中存在的主要问题——逃逸的司法认定。交通肇事后逃逸是指交通肇事导致严重后果后不尽法律义务,反而自行离开现...
交通肇事罪是当前社会中一种常发的严重犯罪。本文主要探讨了交通肇事罪中存在的主要问题——逃逸的司法认定。交通肇事后逃逸是指交通肇事导致严重后果后不尽法律义务,反而自行离开现场,逃避法律责任的行为。我国刑法对此行为做出了特别的规定,成为交通肇事罪的加重情节。交通肇事后逃逸行为的行为性质和构成、因逃逸致人死亡的问题是交通肇事罪中的主要问题。肇事后逃逸的构成要具备主观上的故意心理状态,客观上的逃跑行为,并要具备逃逸的时空要素。
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Traffic accident crime in the community is often made of a serious crime. This article discusses the traffic accident in the crime of the main problems - escape Judicial found. After the incident, the traffic is the escape traffic accident led to the serious consequences of not following legal obligations, but left the scene to avoid liability. China's Criminal Law has made a particular behavior, traffic has become an aggravating circumstance of the crime scene. Traffic following the accident escape acts constitute acts of nature and, as a result of deaths caused by the escape of the problem is traffic accident in the crime of the main issues. After the incident, the escape posed to have deliberately subjective state of mind, the objective of the escape, and have to escape the elements of time and space.
The transportation cause troubling crime is in the current society one kind of Chang Fa serious crime. This article mainly discussed the subject matter - - escape judicature which in the transportation cause troubling crime existed to recognize. After the transportation cause troubles, after the escape refers to the transportation cause troubles causes the serious results, the endless legal obligations, instead voluntarily leaves the scene, the escape legal liability behavior. Our country criminal law has made the special stipulation to this behavior, becomes the transportation cause troubling crime's aggravation plot. After the transportation cause troubles, because escapes the behavior behavior nature and the constitution, runs away the question which the elegant tastes person dies is in the transportation cause troubling crime's subject matter. After cause troubling, escapes the constitution must have the psychology intentionally subjectively, objectively escapes the behavior, and must have the escape space and time essential factor.
The transportation cause troubling crime is in the current society one kind of Chang Fa serious crime. This article mainly discussed the subject matter - - escape judicature which in the transportation cause troubling crime existed to recognize. After the transportation cause troubles, after the escape refers to the transportation cause troubles causes the serious results, the endless legal obligations, instead voluntarily leaves the scene, the escape legal liability behavior. Our country criminal law has made the special stipulation to this behavior, becomes the transportation cause troubling crime's aggravation plot. After the transportation cause troubles, because escapes the behavior behavior nature and the constitution, runs away the question which the elegant tastes person dies is in the transportation cause troubling crime's subject matter. After cause troubling, escapes the constitution must have the psychology intentionally subjectively, objectively escapes the behavior, and must have the escape space and time essential factor.
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