西南石油大学学报(社会科学版) ›› 2010, Vol. 4 ›› Issue (5): 45-48.DOI: 10.3863/j.issn.1674-5094.2010.05.010

• 政治学与法学 • Previous Articles     Next Articles

DEFINITION OF VOLUNTARY SURRENDER IN TRAFFIC CRIMES

HU Yue-pan   

  1. Law School,Southwestern University of Finance and Economics,Chengdu Sichuan,611130,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2010-09-20

Abstract: The frequent occurrence of traffic accidents with heavy casualties in recent years triggers rethinking about the nature of the “hit-and-run” behavior of suspects of traffic crimes in both theoretic and practical fields of law.The definition of the “hit-and-run” behavior of suspects of traffic crimes is closely related to the conviction and sentencing of the crime suspects.And the definition of voluntary surrender has direct influence on the substantive human rights of the accused concerned.But differences in the sentences for similar cases in different regions have flawed the consistency of justice.Those who report to the police and wait for verdict instead of running away from the spot is fulfilling their obligation imposed by administrative law.However,seen from the perspective of criminal law,such behavior is equivalent to voluntary surrender to justice department and should be defined as voluntary surrender.

Key words: traffic crimes, hit-and-run, report to the police and wait for verdict, voluntary surrender, criminal law, administrative law

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