On The Criminal Case Of Zhang And Yang Causing Traffic Casualties Along With The Attached Civil Remedy Claims

Zhang,Yang traffic accident crime with civil remedy claims has six focuses,namely whether Zhang Yang have jointly full responsibility for the accident,Is this acommon crime, whether its nature can ben labeled as Hit-and-run driving since Zhanghas been in escape right after he reported to the police, whether Zhang and Yangcan ben filed an attached civil remedy action. Can the second instance make negativewritten proceedings which Tang is the actual owner,and also is employer, then changethe original sentence that Tang should bear associated responsibility.In order to give reasonable explanations for these focuses, the author studies thecase and find out results as following. Zhang, Yang shall jointly bear the fullresponsibility for the accident as they constituted a traffic crime. It does not conformto crime of escape, though Zhang fled to avoid legal action. In the case has thenature of overlapped criminal and civil cases. The court should think over theexception to the principle of the criminal case first.Considering none of investigatesof victims and their legal representatives,and absence of informations of actual ownerof the car and new evidence, the court of second instance should not apply writtentrial and directly dismiss Tang’s joint liability.