Research On The Related Problems Of Traffic Accident

The Traffic Accident Crime,under the existing provisions of the Penal Codes Article 133, is the typical crime of the negligence crime, but under the current Penal Codes Article 133, the constitution of the traffic accident crime is stipulated in a more general form, can not be directly applicable. The Supreme Court interpretation on Several issues concerning the specific application of law in the trial of criminal traffic accidents cases, hereinafter referred to interpretation on Traffic Accident Crime,remedy the aforementioned drawbacks. According to the provisions of the aforementioned interpretation, the vehicle driver bears secondary responsibility for the accident and no liability in the accident, does not constitute Traffic Accident Crime, will not be prosecuted with penalty.Therefore, the traffic accident confirmation book is significant in the determination of major accidents to incriminate,is necessary to be clarified. The author based on his own judicial practice,combined with studies of other experts and scholars, put forward his views on the traffic accident confirmation book and related questions.This paper contains four parts. The first part focused on the cases encountered in the author’s own judicial practice and the confusion of handling related case, being as an introduction. The second part focuses on the administrative actionability of the traffic accident confirmation book,and the evidence property of the traffic accident confirmation book. The author believe that the traffic accident confirmation book should be defined the category of acts and reasons of force, does not directly determine the party’s rights and obligations, does not meet the "actual impact the rights and obligations" standards of the Administrative actionability. So under normal circumstances,it is clear that it does not have the actionability of administrative, but should be combined with the cases, analyze whether there is the existence of a violation of legal procedures, if the aforementioned situations occur, apparently should not be reviewed by the People’s Court, should be allowed the parties of the traffic accident to file an administrative lawsuit. At the same time, it should be identified the evidence attribute of the traffic accident confirmation book as documentary evidence. The third part focuses on the people’s court for judicial review of traffic accident. The author believes that misunderstanding on judicial review exists in judicial practice, caused a mere formality by the people’s court for judicial review,and then put forward the judicial review should be commenced from the traffic accident confirmation book belongs to documentary evidence, according to the documentary evidence rules to make judicial review by the people’s court, the people’s court according to the rules of documentary evidence in its judicial review. In view of "civil is first,punishment is second" litigation mode man-made by the parties in judicial practice for the pursuit of economic interests,resulting duplicate review, uneconomical litigation and other issues, proposed by the People’s Court active intervention, let the traffic accident cases in the criminal supplementary civil action mode become the norm. The fourth part mainly discusses the grasp of conviction and sentencing from the traffic accident confirmation book involved in escape. The author believes that,due to the Escape was presumed negative full responsibility for the accident should serve as convictions plot of the Traffic Accident Crime. For the extended due to escape negative full responsibility for the accident as the crime plot, can improve the penalty grade,because parties have escape plot,the provisions of traffic accident criminal interpretation of article second(six) can also apply mutatis mutandis for the parties have the escape plot.