Research On Judicial Cognition Of Traffic Accident Crime

With the increasing trend of domestic motor vehicle ownership,the number of traffic accidents is rising gradually,and the phenomenon of causing accidents and escaping after accidents is becoming more and more common,which has brought extremely unstable factors to society.Although China's laws and judicial interpretations have made more comprehensive provisions,the theoretical circles of traffic accident crime research is quite rich,but some difficult issues are still not in-depth study,such as the objective aspects of the transport space and the main scope of the definition is difficult to reach a unified consensus.Therefore,it is still of great value and significance for theory and practice to further clarify and clarify the relevant difficult issues of this crime.The article constructs three parts of the crime of causing traffic accidents,including its constitutional elements and judicial determination,the determination of escaping from causing traffic accidents,and the distinction between this crime and other crimes.On the basis of the existing viewpoints of others,the object of this crime is defined,the space scope of transportation,the scope of transportation laws and regulations and the subject scope are defined,the causal relationship between traffic accident behavior and damage consequences is clarified,the principle and scope of the principle of trust in the specific application of traffic accident crime are determined,and the danger of this crime and negligence endangering public safety by dangerous means is defined.The boundary of dangerous driving crime.The author holds that the object of this crime is a simple object;the space scope of transportation not only occurs in roads and waterways,but also in air and railway;the traffic regulations should not be limited to the laws and regulations formulated by the relevant state departments;there is not necessarily a causal relationship between the perpetrator's violation of traffic laws and the consequences of damage;the subject of this crime should not be limited to the drivers of motor vehicles.The principle of trust should not be applied in the case when the victim violates traffic rules and other circumstances;the provisions of "escape" in judicial interpretation need to be discussed.