Tanmou Traffic Accident Crime Analysis

On civil and administrative strength of the evidence in the field of criminal law to be adopted, has long been controversial. Different approaches are likely to make the case come to diametrically opposite conclusions, so explore the evidence in the field of criminal law applicable in the essential criteria. The reason why the civil, administrative evidence in the field of criminal law can not directly be applied directly because of the litigation between the different standards of proof, the fundamental reason is independent criminal law, is an independent department of law.In addition to this introduction, the total is divided into four departments.Part I: Controversial cases and assessment. The part of the first through the judicial practice into a controversial case to the civil, administrative strength of the evidence in the field of application of criminal law. Through analysis, the different standards have resulted in the identification of cases come to a different verdict. The strength of the evidence to solve the application in the field of criminal law, direct action on the field of standard of proof, the root cause of independence depends on whether the criminal law.Part II: Focus of controversy. In this section a brief analysis on the merits by infer, behind the main focus of the following aspects: the standard of proof in criminal proceedings any different? Independent evaluation of whether the criminal law? Responsible for the accident the traffic police can identify directly applicable in the field of criminal law? Evaluation of the independence of the criminal law is the exact reason?Part III: Legal analysis. In this section first discusses the criminal standard of proof is unique. To explore the independence of the Criminal Code. And China, respectively, of the foreign litigation departments of different standards of proof. By comparison difficult to find in civil litigation, administrative proceedings, criminal proceedings in the three branches of law, civil standard of proof a minimum, the highest standard of proof in criminal proceedings. Given the high criminal standard of proof required, directly to the civil and administrative strength of the evidence used in criminal proceedings is not appropriate. Secondly, the independence of the criminal law. The reason why the civil, administrative evidence can not be applied directly to the field of criminal law, criminal law is the root cause of independence. Although theorists of criminal law there is independence, "say for sure" and "no say" on the other, but today, the independence of the criminal law point of view has been accepted for most scholars. Third, the independence of the criminal law was the basis to explore. Criminal law has become a separate department of law, the primary reason is that criminal law has an independent adjustment of the object. What is criminal law for the adjustment of disputed objects, which include the typical point of view, the object is to adjust the criminal law: all the social relations; crime relationship; criminal relations. All social relations and criminal law confused the boundaries of the Constitution, civil and criminal, regardless of cause; crime and criminal liability that relations between relations, said the object in question to determine the adjustment of the Criminal Code there are suspected of inverted logic, but can not effectively framing adjustment range of criminal law to protection of human rights. Therefore, only the adjustment of the object of criminal law is defined as: the individual citizen and on behalf of the interests of society as a whole the relationship between the legal order, it is most reasonable. Second, the independence of the Criminal Code also depends on the means to adjust the special nature of criminal law. Embodied as a means to adjust the severity of criminal law, that the perpetrators of liberty, property, political rights and even their lives for the object; criminal law applicable to the last resort, ie only when the criminal law is to protect the interests of society as a whole on behalf of the legal order is only necessary when be applied. Finally, the independence of the Criminal Code but also on the way to adjust the special nature of criminal law. Adjustment formula reflects the special nature of criminal law norms, both in the production of specific criminal norms of criminal law norms to adjust the final content and implementation, must operate in accordance with the provisions of the law, rather than on the original defendant, the parties agreed.Part IV: Conclusion. Through the above analysis, we can determine that the independence of the criminal law standard of proof in criminal proceedings than in civil and administrative litigation. Made of the accident the traffic police of responsibility, can only be used to determine the perpetrator of the civil and administrative liability, criminal liability may not be directly determined. Case, the defendant should bear secondary liability, does not constitute a traffic crime.