An Exploration On Some Problems About Trouble Responsibility Of Traffic Accident Crime

Traffic accident crime, as a kind of familiar negligence crime, stipulates at our country"79 Penal Codes" Article 113 and current Penal Codes Article 133, but the original text doesn't have"Accident Responsibility" criteria to reach offense. Supreme People's Court and Supreme People's Procuratorate Notice concerning strictly Handle Traffic Accident Crime Cases by Law promulgated on August 21, 1987,and Supreme People's Court Interpretation on Several Problems of Concretely Applying Laws on Cases concerning Traffic Accident Crime promulgated on November 15, 2000 which implemented from November 21, 2000, all takes Accident Responsibility as criteria to reach offense. Therefore, how to comprehend Accient Responsibility becomes the key to solve a traffic accident case. The writer combines judicatory fulfillment on the foundation of numerous scholars to the traffic accident crime, for Accident Responsibility and its related problems put forward his own viewpoint in the hope of making his own contribution to relevant judicatory cases.This thesis is totally divided into a four parts. The first part mainly discusses the rationality and defects of Accident Responsibility as criteria to reach offense and his own opinions. The writer thinks, its rationality rests in: Firstly raises the standard of traffic accident crime and narrowed the scope of traffic accident as criminal offence; Secondly simplifies judicial fulfillment and reduces the occurrence of judicial unjust phenomenon; Thirdly balances injure result for different traffic accident behavior of reach offense standard; Fourthly embodies the principal of legality for criminal law. Its defects express at: Firstly, the suspicion of there is an administrative power going beyond proper bounds judicature and also judicature under the yoke of administrative power; Secondly sentence standard to absolutely rigid and over-simple; Thirdly the pertaining to "no punishment in doubtful cases" principle of crime litigation. The writer thinks Accident Responsibility shall be one criterion of traffic accident crime but not requisite criteria. The second part mainly discusses crime litigation evidence qualifications and it evidence category of traffic accident responsibility confirmation book. The writer thinks that the traffic accident responsibility confirmation book has the pertaining to crime litigation evidence qualifications, but should not generally fall into a particular kind of evidence category, but shall combine its concrete proven contents to adjudicate its evidence category. Among them "road traffic accident evidence and accident causes analysis", can be treated as a kind of assistance means of judicial cognition, helping the judicial staff makes sure illegal behavior and analyze accident causes, thus affirm causality between illegal behavior of transportation and damage results. The third part mainly discusses the property of accident responsibility in traffic accident crime. The writer thinks that "accident responsibility in the road traffic accident responsibility confirmation book although contains "responsibility", but it is neither legal responsibility, nor criminal responsibility, it is only analysis on causes of traffic accident. The forth part mainly discuses related problem of responsibility judges. The writer thinks that, Firstly, although the Road Traffic Safety Law stipulates that judgment organization of accident responsibility confirmation shall be the transportation department of public security official organization, judgment organization of accident responsibility confirmation shall be judicial organ. Secondly, not all transportation illegal behavior is the harmful behavior for Penal Code, shall combine concrete traffic accident causes to judge "harmful behavior" at the same time from the ranking of law, shall comprehend"laws" in "breach a transportation management laws" as law and administration regulations. Finally, predicting Accident Responsibility shall not become a criteria of traffic accident crime, and for escape behavior whether constituting the crime shall classify situation to concretely take into to judgment.