Traffic Accident On Surrendered Identified The Problem

due to the behavior that the feasor call traffic police and stay at the traffic site after an accident are different in evaluation of criminal law, administrative law and other legal aspects, it has theoretical controversy on whether in a criminal trial the conduct constitute elevation duplication as the core and whether such conduct can be identified as surrender。These different opinions have great impact on final result of a different verdict in the trial practice; further influence the rights of the parties, social orientation, trial operation and other related theoretical and practical issues. One typical case was that Hubin Traffic Accident was not judged as surrender by Xihu District People's Court on July 20, 2009, which brought the debate on this issue to a climax. In this paper, the core was to distinguish whether the behavior that feasor call police after a Traffic Accident and stay on site constitutes repeat evelation, as a demonstration it combined with the concept of surrender, Nature, components, systems and the current legislative status of China's traffic accident crime, trying to make more systematic analyzation, to discusse the behavior that the feasor call traffic police and remain at the traffic site after an accident should be regarded as surrender, and made some comments and suggestions.