On The Application Of Relicance Principle In Legal Responsibility Determination Of In Crimes Of Traffic Accidents

As China's social and economic development level of the continuous improvement of road infrastructure with each passing day, the national motor vehicles and drivers to keep along with the rapid increase in the number, driver, motor vehicles and the road of rapid development, not only embodies the coordination of social and economic development to promote social progress and prosperity, but the resulting road traffic accidents caused also pose a great threat to mankind. Currently,50 million people worldwide die from traffic accidents each year, while the number of people in China die each year from traffic accidents account for about one-fifth of the world, ranking first in the world. The great dangers of traffic accidents has been a major social concern, especially in handling incidents involving the vital interests of the masses, has increasingly become the focus of concern to the masses, but also a wider social impact, be traced mainly due to road traffic in China accidents attributable to a more vague principles, theory and practical judicial administration community in the understanding of different, more contentious.This article focuses on the "Road Traffic Safety Law of the People's Republic" (hereinafter referred to as the "Road Traffic Safety Law"), seventy-sixth article of the responsibility principle, focusing on domestic and international traffic accident on the principle of attribution on the basis of a comparative study, sort of principle of the need for trust and feasibility of Traffic Accident Responsibility principles applicable to the introduction of the trust concept, and adhere to the legal thought of "localization" principle, adopt a cautious attitude summed up in China Traffic Accident Responsibility trust principles should be considered for the factors and exceptions.This article is divided into four parts:The first part is an introduction, describes the main purpose of writing this paper and practical ideas, briefly introduced the concept of trust principles, rationale, development process, what kind of responsibility principle that the law takes into consideration many factors, such as:degree of economic development, social morality, law and other cultural origin, but more important is to study with national conditions.The second part is on road traffic accident comparative analysis of the Principles of Responsibility, by common law and civil law countries the principle of road traffic accidents attributable to the relevant legal provisions and the attribution of the principle of analysis and study, to clarify our current path motor vehicle accidents, especially the principle of attribution and non-motor vehicles, traffic accidents between pedestrians Responsibility, it is not simply the principle of liability without fault, nor is it the time of motor vehicle traffic accidents between the principle of fault liability, but According to the provisions of different circumstances different Fixation.The third part is the principle of Traffic Accident Liability Trust principles applicable to the necessity and feasibility analysis, the different academic disputes by reference to explore the principles of traffic accident attributable to the limitations of the principle of trust in limiting the scope of criminal negligence, balance the interests of the parties, and promote the role of social development, demonstration of the principle of road traffic accidents in the need for trust and foreign trust principles apply to summarize the subjective and objective conditions and restrictions.The fourth part is the application of the principle on trust attributable to traffic accident research in China by analyzing the principles of objective and subjective conditions for trust and related legislation reflect that in our country, the current principle of trust is not able to apply to the problem, but how to applicable, especially in the actual work of dealing with traffic law enforcement must be combined with the reality of the accident was taking a cautious approach to comprehensive judgments, so bold theoretical and practical introduction of trust on the principles put forward their own ideas lists should be taken into account relevant factors and exceptions. In short, the traffic areas for legislative principle of trust has been reflected in our subjective and objective conditions are becoming more mature, but trust principles apply in a road accident has yet to be further explored in theory, propaganda, in particular the need for national legislation recognized for practical application and dissemination of accurate.