The traffic crime surrender Research
|School||Kunming University of Science and Technology|
|Course||Environment and Resources Protection Law|
|Keywords||Surrender Escape Legislation Drunken driving|
Zhejiang High Court issued Some Suggestions about Traffic Offences Criminal Case On August 27,2009.Regulations "after a hit-and-run alarm and field wait to handle" behavior should not be considered to surrender. Once reports, cause experts and scholars in hot debate. Similar situation can not be found in Zhejiang surrendered to most other regions in China. There is sentencing criterion of the same type of cases due to geographical differences. The article takes the idea of Zhejiang high court as key point and makes deep research and analysis to troublemaker in a traffic accident especially who did not escape and confess his crime, entry point, hoping my plain research provide reference for criterion of determining crimes in the legal practice.The content of this paper are listed as following:In introduction part the significance of the research, research approach and a summary of literature review are presented. Currently most theoretical research concerning the criminal law is primarily focused on the confirmation of hit-and-run driving, with little attention being paid to the confirmation of confession to justice. It leads to non-standard measurement of penalty in juridical practice of the criminal law. Therefore, the research in this designated topic holds theoretical value and provides guidance to practice. In this paper empirical study is carried out besides traditional approach of documental Analysis.In the first part, the thesis extracts the theme of the article by comparative analysis of several same type cases. That is the disordered problem of maintaining cop-out in committing traffic accident crime. Beginning with this, the thesis makes a brief comment on Views drafted by the advanced court in Zhejiang province.In the second part, the thesis puts emphasis on introducing and commentating debatable views of this problem. Theories consist of negative, positive and compromising views and I agree with the positive view. Committing traffic accident without escaping can be a cop-out.The fourth part gives my own opinions on recognition of traffic accident confession-confession exists in all traffic accident circumstances. With regard to the judicial practice need of the basic value of surrender and the request of tempering justice with mercy criminal policy, I think traffic accident confession fits the principal of a legally prescribed punishment for a specified crime. Actor’s report obligations in administrative law cannot change the cognizance of the criminal law of surrender.