Research On The Problem Of Surrender In Traffic Accident Crime

According the67th regulation of Criminal Law, Surrender means that the criminal turn himself in and confess his crime honestly. It also can be available when the suspect under custody, defendant and the criminal who has been serve his sentence confess crimes which haven't been know by the judicial office. Surrender is not only good for stimulating the criminal penitence that reduce the factors leading to social instability which are caused by the crime, but also good for solve the criminal crimes quickly, enhance the criminal law's effect in punish and prevent crimes.With the ownership of motor vehicle in China increasing sharply, the traffic accident crime has already catapulted into the first of safety accident crime, and has greatly influenced people's life. Generally, the criminal calls110right after the traffic accident, and help saving the wounded positively, protect the accident scene. In this situation, surrender can be constituted. In judicial practice, most of the traffic accident criminal already done those duty and confess their criminal honestly. In those cases, they have been judged as surrender and get lenient punishment. But the high people's court in Zhejiang Province established About several opinions in trying criminal cases of traffic accident, that rolls the traffic accident crime out of the range of surrender. It caused vivid argument in academic circles.Surrender as an important sentencing system in General Provisions of Chinese criminal law plays an irreplaceable role in crime reforming and prevention, without exception, it should be applied to all crime unconditionally, including the traffic accident crime. It has profound significance for the traffic accident crime concerning with surrendering,however, courts of various regions cannot reach an agreement on traffic accident crime concerning with surrendering,which lead to the embarrassing situation of the same case with different judgments, it also triggers controversies widespread in the field of theory. As far as I am concerned, fulfilling administrative obligations "Road Traffic Safety Law" provisions of Article70does not mean surrendering, but when conditions allowed can be established in line with surrendering, neither the Criminal Code against the principle of criminal law repeated evaluation, nor it violate with the principle of suiting punishment.Put surrender system into the judgment of traffic accident crime is able to protect the victim and also give a second chance of the criminal. At the same time, it will help the carry out the purpose of punishment. This article has combined the current regulation and judicial practice, comment the main suggestion of the theoretical and judicial cycle. It provide a brand new opinion and offer research which is able to abundant the relative research and solve the awkward situation that the similar cases have different results.