Study On The Surrender Of Trafficaccident Crime

As China's rapid development of road transport, automobile transport increased dramatically, Traffic Accident incidence rate but also rapidly rising, the overall upward trend. Surrender as an important set of criminal law penal system, is a unique positive. However, in practice, the Crime of the applicability of the basic offense has surrendered the theory there is a big controversy, Traffic Accident judiciary criminal suspects voluntarily surrendered themselves to the identification, understanding there is not uniform, resulting in Traffic Accident on handling differences. Therefore, issues related to the Crime accurate understanding and grasp of nature is very necessary.This paper intends to surrender for the Crime of the application, take empirical analysis, comparative analysis, to study literature, etc., come to the conclusions of this study and new insights: 1 guilty of the Crime of the basic system is applicable to surrender, in particular, act in line waiting for an alarm condition shall be deemed as surrendered surrendered. 2 surrender the Crime of the application in sentencing, to take "normal circumstances lenient punishment, special circumstances may leniency" of the treatment recommendations, and examples to clarify the "special circumstances" meaning. In the overall structure, the first part through the "Hangzhou drag racing case" set out the facts and judgments made paper focuses on two issues,:One is guilty of the Crime of the basic applicability of surrender, especially after the traffic accident to perform "Road Traffic Safety Law" obligations under Article 70 can be identified as surrender. The second is basic for traffic offenses committed after the surrender to apply for consideration in sentencing. The second part is the analysis of the above two questions, First, from the theoretical question of the Crime surrendered the doctrine does not apply to derive the Crime of reasonableness applicable to surrender, Second, the surrender of the Crime of the discussion on whether the lenient sentencing penalties, mainly from the legal basis for extenuating surrender, surrender the principle of light punishment, sentencing factors affecting surrendered three studies. The third part of the solution to the problem: First, "Hangzhou drag racing case" assessment of legal judgments, decisions are not identified questioned turned himself in this case is the lack of rationality, and the case is reasonable for the sentencing assessment, focusing on whether the defendant a lighter after active compensation penalties; Second, focus on the Crime of surrender to build on the legislative and judicial, for the Traffic Accident surrendered to provide a few suggestions after the sentencing, expected to help solve the problem of theory and practical application.