Study On The Evidence Of Criminal Evidence In Traffic Accident Confirmation

The crime of traffic accidents in China with its rapid economic development is a high-risk crime,which seriously affects the lives of citizens and property safety.Secondly,it is premised that the suspect’s conviction constitutes a crime and the formation of an accident certificate constitutes an indispensable instrument for the handling of traffic accidents.It is related to the personal and property rights of both sides of the accident and is very important in handling traffic accidents.In the criminal justice field,the size of the liability identified in the accident certificate and the harm result are the main basis for the procuratorate to prosecute the suspect and pursue his criminal liability,and directly affect the judge’s conviction of the defendant.However,during the internship period,the author found that the identification of traffic accidents as a criminal evidence of the crime of traffic accident was not only theoretically controversial,but the classification of criminal evidence in judicial practice was unknown.This article intends to adopt a evidence review model “Materials-evidence-based on the basis of the case” of the two transformation process of the traffic accident certificate of criminal evidence qualification research,hoping to clarify the criminal accident evidence qualification dispute,to solve The problems in judicial practice are beneficial.The first part of this paper first introduces the concept of traffic accident certificate,and then elaborates on the evolution of accident certificate from the historical analysis method.Finally,it introduces the attributes of the certificate and puts forward three attributes of its attributes: the evidence theory,the administrative behavior theory,and the judicial knowledge theory.The second part elaborates the current Chinese legislative provisions on the qualification of traffic accidents,and proposes that the accident certificate is administrative evidence,tort damage compensation evidence and criminal evidence under the legislation and the interpretation of high law,but due to the handling in judicial practice.Contradictory with the theory of evidence law,it elaborates the controversy on the criminal evidence qualification of traffic accident certificate in judicial practice and puts forward the author’s opinion: Accident certificate is the evidence that constitutes the crime of traffic accident,and it is an attribute with administrative behavior.Special technical appraisal opinions,but have flaws in qualifications as a basis for conviction.The third part analyzes the reasons,and proposes the problems that exist as the criminal evidence that constitutes a criminal crime.Finally,it puts forward its own suggestions on improving the qualifications of traffic accident certificate.