A Study On The Application Of Law In The Confirmation Of Traffic Accident

Traffic accident crime is one of the common forms of crime in our criminal law,and the traffic accident certificate plays a vital role in dealing with traffic accident crime cases.In the administrative law enforcement or judicial practice,the traffic accident certificate has actually become the traffic management department to mediate the parties,the people's procuratorate on the perpetrators of the prosecution basis,it is the people's court to determine the basis of guilt and compensation.The legal nature of China's traffic accident certificate has undergone great changes.In the Road Traffic Safety Law promulgated in 1991,the traffic accident certificate can be regarded as the "administrative conclusion" in nature.The Road Traffic Safety Law promulgated in 2003 clearly stipulates that it is evidence.The revised Criminal Procedure Law in 2012 also clarifies that the evidence collected by the executive authorities can be used as evidence in criminal proceedings.And China's criminal procedure law clearly stipulates that the evidence must be verified is true,can be used as a basis for the finalization.Therefore,the traffic police department to make the book as an objective record of the scene and the evidence between the subjects involved in the evidence,in the criminal proceedings must be applied to the rules of evidence,after passing the certification,certification,The This makes the traffic accident certificate in the new legal system,in criminal proceedings can not be used directly.However,in the field of criminal litigation,the role of traffic accident certificate,the court in the process of conviction and sentencing can not be applied directly,but the judicial practice,often based on accident identification to determine the parties to the criminal responsibility and civil liability,That the process of identification and the occurrence of traffic accident contradiction or inconsistent situation,how to identify,are questionable question.Therefore,it is hoped that through the study of the relevant laws in the criminal procedure,it can provide new ideas and perspectives for the investigation,prosecution and trial of traffic accident crimes.