Judicial Determination Of Causal Relationship In Traffic Accident Crime

The cause and effect of the crime of traffic accident in the form of expression has its own particularity,that is,more than a fruit,the size of the cause of the different size and intervention factors,each traffic accident cases are often a number of violations,the role of each violation The size of the force is different,but also in the judicial practice there are a lot of intervention factors,including the victim's own fault,the vehicle failure,road conditions and natural weather disasters and so on.At the same time,one of the main features of the crime of traffic accident in our criminal law is to determine the size of the accident liability as the precondition of whether or not the crime of traffic accident is established.It is because of the above reasons,the causal relationship between the crime of traffic accident in the judicial identification of the following three major problems: First,the traditional theory of criminal law causality can not reasonably limit the establishment of the crime of crime;Second,attention to the responsibility of the accident identified,and weakened the causal relationship between the crime of traffic in the criminal law to make substantive judgments;Third,after the traffic accident,the total responsibility for the evacuation of the accident is essentially an improper presumption of causality.The purpose of this paper is to study the specific judgment rules of the theory of objective imputation in Germany,to introduce the theory of objective imputation in the judgment of causality of traffic accident crime,and to avoid the shortcomings of the traditional criminal law causality theory,so as to be able to overcome effectively Judicial practice in the long-term prevalence of over-reliance on traffic accident certificate book inappropriate practice,trying to traffic accident crime causal relationship judgment from the accident responsibility identified in the mud out.Full text of about 37,000 words,in addition to the introduction,the main body is divided into the following three parts:The first part,the summary of the causal relationship between the crime of traffic accident.This part first explains the causal relationship between the crime,and theoretically defined the behavior of the crime and the consequences of harm.And then summed up the causality of the causal relationship of traffic accident,that is,more than a fruit,the size of the reasons for the different factors and intervention factors,indicating that the causal relationship between traffic accident in judicial practice is more complex.The second part,the crime of traffic accident causality in the judicial identification of the existing problems.This paper mainly discusses three aspects: First,it discusses the traditional criminal law causality theory,that is,the condition and the causal relationship,the existence of the existing deficiencies,which can not reasonably limit the scope of the establishment of the crime of traffic accident;Second,the judicial practice generally attach importance to the identification of the accident responsibility,and weakened the causal relationship between the crime of criminal law on the substantive judgments,due to the existence of the responsibility of the accident liability,as well as the crime of criminal liability and the administrative responsibility of the accident there are many differences Of the place,in the excessive reliance on traffic accident certificate and weaken the traffic accident crime causal relationship judgment,often come to some absurd case handling results;Thirdly,after the accident escape all accident liability is essentially for the traffic accident causation presumption of improper,whether from the limitations of presumption itself and constitutive requirements of crime or traffic accident itself,it is not reasonable.The third part,the crime causality in the judicial identification of the problems that exist in the solution.First of all,it demonstrates the superiority of the theory of objective imputation itself,and its practical significance mainly in the field of negligence crime,attention to avoid the possibility and negligence of the implementation of behavior,and objective imputation theory can take on the methodology of pros and cons.Secondly,this paper expounds the objective imputation theory of the three specific judgment rule,and each level set under an exclusion rule.Finally,it discusses how to use the objective imputation of theory to do a substantive examination of the causal relationship of the crime of traffic accident.At the risk creation level,whether the review conducts compliance with the traffic rules and then judge whether it can follow the principle of trust.At the risk realization level,Violation of the specific traffic rules to protect the purpose of the scope of the traffic rules to follow the behavior that the legal alternative behavior is the possibility of avoiding the results;Review if the result is beyond the scope of the traffic accident crime constitution effect.