Traffic Accident Investigation Report

In recent years, the frequent cases of traffic accident, bring inestimable loss tothe society and the people, many people lost family, lost their lovedones,consequences be unbearable to contemplate. In judicial practice, the crime oftraffic accident is one of the most basic level people’s court case, it has been or is onpeople’s personal and property caused great harm. It is because of this danger, thelaw that we must face up to this crime and the applicable law is reasonable, andstrengthen the crime prevention. Related data in this article through the investigationreport forms to12years of traffic accident08years in X County of Gui zhou provincewere collected, found in the administration of justice in the cases of traffic accidentfrom the statistical data, and to find the causes of the problems, and to put forward thecountermeasures to solve the problems, to prevent and control the traffic accidentcrime.This paper is divided into four parts, a total of about1.8words.The first part is the basic situation of X County, the crime of causing trafficcasualties are introduced, from the statistical data can be seen in the area of highincidence of traffic accidents and casualties, the admissibility of the case are eitherdead or wounded; the low cultural level, most of the schools, and even illiterate. Thelack of driving experience more young drivers, they are not calm enough tooimpetuous, play a major role in the traffic accident cases; escape in traffic accidentcrime with aggravated accounted for larger proportion in the plot;for some insurancecompanies bear the main responsibility, personal lower compensation.The second part of the article is the existence in the administration of justice intraffic accident crime problems. First, in the judicial activities of the traffic accident isa common crime, the defendant mostly voluntary confession, the court will simplifythe procedures, make some right of the defendant is not fully guarantee; second, theprovisions of the law there is fuzzy, the surrender had their differences, caused bydifferent codefendant results, escape the dual of conviction and sentencing, escapethat causes a person’s death is difficult; third,the application of probation in general,detention punishment has not been effectively applied; fourth, compensationunderstanding directly affect the verdict. The third part of the article is analyzing the causes of the problem injudicial.First, the case becomes a mere formality; second, laws and regulations is notperfect, not unified by applicable law, and legal technology can not meet the practicalneeds; third, judicial rationality ignoring the probation; fourth, one-sided pursuit ofsocial effect, without considering the proportion principle.The fourth part put forward legal Suggestions to perfect the traffic accident casesand the concrete countermeasures, mainly include: legitimate security program, toavoid the referee vague; Add property punishment, flexible use of criminal detentionpunishment; Applicable criminal reconciliation system correctly, make compensationproblem solved; Specific provisions on escape causing death, and so on.