Traffic Accidents Administrative Presumed Perpetrator Of Criminal Identification When Full Responsibility

Since the reform and opening up, China’s rapid economic development, in every respect, has made remarkable achievements, GDP growth was particularly notable, which also promoted the development of related industries of the national economy, especially in recent years the development of the automotive industry. Cars began to enter the general public living in for everyone to provide convenient and efficient, but also led to problems. Among them, traffic accidents are a more prominent issue. For now, with the increase of household disposable income and consumer purchases of various types of cars are increasing, and the carrying capacity of all types of roads is limited, coupled with a lot of drivers illegal driving, drunk driving etc. caused a series of problems, such as traffic congestion, accidents, etc., various types of losses resulting is incalculable. And social life itself fresh, complex compared with its own laws lag, imperfections. Although in recent years countries have also introduced laws related to traffic accidents and judicial interpretation, but still can not fully meet the real needs of the community, one on the existing traffic accident aspects of legal and judicial interpretation, it also has its unsatisfactory place. Especially in the case of other legal presumption of actors take full responsibility, the result of "Death Caused by Escape" in Criminal qualitative problems in the application process, there are many disputes and problems to be solved.Given the above, this article will be launched in the form of case study discusses the following aspects in order to help solve these problems, to better guide the practice.The basic part of the first case, the case. The cause of action, case reports, differences of opinion, the focus of controversy composed of several parts.The second part, the focus of controversy in the legal analysis of the case. This part is important and difficult the whole thesis. Through comparing the Criminal Code on Administrative Law and the provisions of the traffic accident is different, analysis of the legal presumption of administrative law could apply directly to the Penal Code, for the identified perpetrator of the crime and the responsibility of commitment and responsibility to bear constitute complicity etc. issue. I believe that, due to the different administrative law and criminal law to adjust the target, the adjustment range, adjustment means, etc., so after Traffic Accident administrative law presumed perpetrators escape full responsibility for the consequences of the accident cannot be applied to the criminal law of criminal identification.The third part, the author comments on the handling of the case. The author comments on the handling of the case as follows: Lee’s act itself does not hold traffic crime, do not apply the death caused by escape statute, Wang does not constitute the crime of complicity in the traffic accident and applicable caused by escape death statute.The fourth part of the case study of revelation. Through the entire paper analysis and conclusions drawn inspiration.