Research On Several Issues Of Traffic Accident Crime

Nowadays, rate of traffic accident crime has been on the rise year by year. In view of this, the author attempts to make an analysis and discussion of the controversial and difficult points in the trialing and sentencing of criminals in a hope to find a way to better represent judicial impartiality and authority.This thesis is divided into three parts. The first part discusses the relationship between the identification of accident responsibilities and the verification of traffic crimes. In common judicial practice, criminal responsibility is determined based on the traffic accident liability report given by the traffic management department. There are many drawbacks in this practice. The second part explores the impact of compensation ability on conviction and sentencing of traffic crimes. In judicial practice, compensation ability directly affects the conviction and sentencing. Although there are reasonable explanations in this practice, it runs counter to the spirit of the impartiality of criminal law and the Constitution. Based on the discussion of this legal phenomenon, the author aims to find an alternative to better address this issue in order to achieve judicial impartiality and authority.The third part is focused on the discussion of qualification of voluntary surrender in cases of traffic crimes. There are still controversies in judicial theory and practice regarding this behavior. The author put forward her own point of view on the identification of voluntary surrender and gives examples to illustrate the situations when voluntary surrender is identified. To ensure the authority and impartiality of law, objective and comprehensive factors must be taken into consideration and analysis in the trialing and sentencing of traffic crimes.