A Discussion On The Relevant Issues Of Confession To Justice In Traffic Accident Crime

As one of significant sentencing systems in Chinese criminal law, confession to justice is appropriate for all crimes in the provision of criminal law, the aim of which is encouraging criminals to surrender to justice voluntarily and to repent and make a fresh start, and no longer to commit a crime again. It is punishment system that can move and inspire criminals to admit their guilt, to repent their error, and to reshape them, and it is in favor of saving judicial resources, and at the same time it is suitable for the traffic accident crime which belongs to specific provisions of criminal law. Traffic accident crime is involuntary crime, because of the particularity of legal provisions and the complexity of actual cases, the application of confession to justice in traffic accident crime becomes a controversial issue.Through the discussion on whether confession to justice system applies in traffic accident crime, the author analyzes the existing loopholes of the view that the confession to justice system doesn't apply in traffic accident crime, and studies deeply the existing contradiction of this view and the source of confliction. What's more, the author thinks that although there is particularity in the evaluation of traffic accident crime, which doesn't affect the application of confession to justice system regulated by General Principles of Criminal Law in traffic accident crime. Traffic accident crime belongs to administrative criminal law, but it shouldn't be affected by the provisions of administrative criminal law in the affirmation of confession to justice, and it is relevantly independent. Combining the legislation current and judicial practice of traffic accident crime in China, the author puts forward his view points from a brand new angle.There contain seven parts in the main body of this essay:In the first part, the author states his own view point through introducing the theoretical dispute in theory circle that whether exists confession to justice in traffic accident crime, namely generally speaking, relatively speaking, and eclectically speaking. The author thinks that relatively speaking and eclectically speaking overemphasis the outward manifestation of whether he escapes or not, but they regard not escape as confession to justice, which ignores the two legal conditions of confession to justice affirmed by criminal law. Whether he escapes or not, which can not be regarded as one of conditions to affirm confession to justice. No matter he escapes or not, as long as it fits legal conditions of confession to justice, confession to justice is formed. The author also analyzes the differences between affirming the plot that the doer who doesn't escape in the traffic accident crime goes to public security organs to confession to justice initiatively and the doer who doesn't constitute a crime fulfils the duty of disclosure, namely the difference between guilty and not guilty, the duty of disclosure fulfilled by troublemakers and the confession to justice plot in traffic accident crime, and the duty of disclosure formulated by administrative law and the confession to justice plot regulated by criminal law, because legal duty of disclosure can not replace the confession to justice in criminal law, and their qualities are different.In the second part, the author studies deeply the existing contradiction of the confession to justice in traffic accident crime and the source of confliction. On the one hand, traffic accident crime is different from the particularity of criminal law evaluation regulations of general crimes (which are discussed separately from the legislation evaluation scope of traffic accident crime and the datum state of its evaluation); on the other hand, the particularity of the intervention of administrative law relevant regulations (which are discussed separately from the superposition of legal concept and the superposition of criminal law obligation and administrative law obligation).In the third part, the author discusses that the particularity of traffic accident crime evaluation doesn't affect the affirmation of confession to justice from the aspect of the discrimination of confession to justice plot of escape. Firstly, considering from the concept of escape, the author thinks that the escape in criminal law is not equivalent to the escape in administrative law, and the escape in criminal law has different intension and extension when comparing with the escape in administrative law. Secondly, considering from the cognition of repeat evaluation, the author thinks that establishing confession to justice judgment for the act of alarming and waiting for disposal after traffic accident crime is the presupposition of double evaluation, confession to justice is served as a special behavior in traffic accident crime, including in traffic accident crime, but according to the provision of Chinese criminal law, not escape is not equivalent to confession to justice, which doesn't contain confession to justice behavior. Therefore, the so-called behavior of alarming and waiting for disposal after traffic accident crime is regarded to be confession to justice, which forms the view point of double evaluation, and the above view point is not correct.In the fourth part, the author analyzes the affirmation of confession to justice in criminal law in traffic accident crime, which is not affected by administrative laws and regulations, and there are two reasons. Firstly, the author states that the relevant regulations of administrative laws and regulations are unable to apply to traffic accident crime from the aspect of the differentiation of evaluation scope and the differentiation of evaluation objects; secondly, the author explains the independence of criminal law normal, and he thinks that traffic accident crime is criminal law legal norm, which also belongs to administrative criminal law. As independent department law, criminal law doesn't belong to administrative criminal law, in addition, administrative laws and regulations is not able to apply for the criminal law evaluation of traffic accident crime.In the fifth part, the author states the practical decision problem of confession to justice in traffic accident crime. As relevant specific involuntary crime, the occurrence of traffic accident crime is affected by environment and climate, and the accident results have a certain complexity, so if traffic accidents happen in different objective circumstances, the affirmation of confession to justice should take the circumstances into consideration according to the actual situation. The author discusses in detail how to affirm the confession to justice plot of troublemakers in traffic accident crime under ten kinds of conditions from ten aspects.In the sixth part, the author states the penalty measurement appliance problem of traffic accident crime. The author discusses one by one from the general principle of confession to justice penalty measurement to the penalty measurement appliance problem of confession to justice in traffic accident crime, and he thinks even if confession to justice is established in traffic accident crime, its penalty measurement appliances of lighter punishment, relieving, and exemption are treated separately according to different conditions, namely the confession to justice under the condition that troublemakers do not escape, and the confession to justice under the condition that troublemakers has escaped etc.In the seventh part, the author puts forward two points of personal opinions in the aspect of perfecting the confession to justice affirmation of this crime. Firstly, the main accordance of affirming voluntary surrender to justice is broadened further, namely the standard of affirming troublemakers'voluntary surrender is regarded to be more humanization, all kinds of actual situations of troublemakers should be considered and more detailed standard should be formulated, and case report can not be made as the only accordance. Secondly, detailing confession to justice from legislation will affect the penalty measurement of traffic accident crime sooner or later, and the extent of lenient punishment should be confirmed according to the time of confession to justice.In traffic accident crime, the affirmation of whether confession to justice forms or not should be on the basis of criminal law and the relevant explanation, which should be judged combining the specific case plot. Only the reasonable and appropriate judgment can avoid unjust penal measurement, consequently, which fits the principle applying to the crime and punishment of Chinese criminal law, and at last, the aim of fighting criminals and prevention of crime are achieved, so as to achieve the criminal ideas of justice, and to construct a harmonious society.