Research On The Problem Of Surrender In Traffic Accident Crime

In recent years, there are increasing occurrences of traffic accident related crime, the seriousness of some of the accidents even lead to major reporting by the press. To combat such crime, the Legislation Authorities of China introduced measures over a long period of time and has seen great development and changes. Academic researches related to this legislation the effect on the crime are of herculean proportions. However, the encouragement of the act of surrendering to traffic accident crime introduced by the Legislation Authorities of China has academically remained a controversial topic. The academic world proposed that surrendering to traffic accident crime lead to serious disunity in the judicial practice and seriously affects the authority of the law. This legislation also intrigued strong interest my members of the society.In judicial practice, however, due to the particularity of the law and the complexity of the actual cases, surrendered in the traffic accident is become a controversial problem. When the traffic accident personnel have protected the scene, rescued the wounded and report to the public security organs, and meet the requirements for the surrender of the case at the same time, in such situation,some judicial organs takes it as surrendered while others takes the opposite side. At the same time, we also see different voices in the theoretical circle of criminal law. In order to avoid negative consequences, we should accurately understand and grasp the related issues of surrender of the traffic accident crime.Against this backdrop, by means of literature review, case analysis and data analysis method of reasoning, the first part of this paper discussed the question on whether the surrendering system can apply to the traffic accident crime, then basing on the positive answer, defined the range and the cognizance standard of surrender, especially the controversial cases. In the third part, the author put forward the corresponding solutions against the current tendency of mitigation of punishment in order to make the penalty proper and fight crime with effect.