Judicial Review And Determination Of Ciminal Responsibility In Traffic Accidents

With the continuous development of the social economy,the number of cars has increased sharply,and traffic accidents have occurred frequently.Traffic accidents have become the "new darling" of criminal law.However,criminal liability identification and administrative responsibility are mixed in traffic accident cases,and judicial review is in the form.In the case of identifying traffic accidents,the most important evidence is the accident identification book made by the traffic control department of the public security organ.The responsibility for the determination of the accident certificate directly affects the civil,administrative and even criminal responsibility of the parties,and its importance is self-evident.There is no reliable basis for the public security traffic control department to determine the standards and rules for accident liability.The laws and regulations only provide general rules-determining the responsibility of the parties based on the role of the party' s actions in the occurrence of traffic accidents and the severity of the fault.The responsibility for accidents is determined to be arbitrarily large,so that the rights of the parties are different,the rights of the parties cannot be guaranteed,and even more,they are held criminally responsible and imprisoned.In view of the professional nature of the traffic accidents handled by the public security traffic control department,the accident identification letter is only served to the parties to the accident.Apart from applying for administrative disclosure,the public cannot know the basis,standard and result of the identification,and the social supervision is in name only.As a grassroots public security traffic police,the confusion encountered in handling a large number of traffic accident cases-mechanical application of judicial interpretation of the provisions on the responsibility of accidents,that is,the criminal identification of the crime of causality,but neglecting the review of illegal and responsible.This paper analyzes the literature and analyzes the case of innocence,according to the current situation of China-the nature of the accident identification book-the composition of crime-judicial review-the feasibility of the proposal,starting from the standardization of criminal liability,and then quasi-deterministic traffic anecdotes.The significance is to clarify the relationship between accident liability and traffic accidents,to explore the criteria and rules for the identification of accident liability,and to regulate the criminal responsibility of criminal justice agencies.This article is divided into five parts:Part ?:An Analysis of the Status Quo of Traffic Accident CrimeThis part mainly understands the current legal provisions,analyzes the current situation of judicial practice and lists the opinions of experts in the academic circles,and comprehensively demonstrates the understanding and understanding of the crimes of traffic accidents in the theoretical and practical departments.The second part of the important evidence on the conviction of traffic accidents paving the way for the attribution of the road traffic accident certificate.The second part:Analyze the road traffic accident certificate and the responsibility of accidentThis part mainly analyzes the current regulations,theoretical theory,combined with the status quo of the practice department,clarifies the nature of the accident certificate,and the attributes of the accident liability identified in the accident certificate,and clarifies the relationship between the accident certificate,the accident liability and the traffic accident.It provides a theoretical basis for the criminal composition of the third part of the crime of traffic accidents.Part ?:The criminal composition of the crime of traffic accidentsThis part mainly starts with the three-level criminal theory system,constructs the crime of traffic accidents from the three-level criminal theory system of sexuality-illegal-responsibility",discusses the constitutional elements of the crime of traffic accidents,and then clarifies the accidents of the road traffic law.The relationship between the above responsibilities and the crime of traffic accidents,and the implementation of behaviors,handling legitimate reasons,and drawing conclusions from different aspects.Provide theoretical basis for the fourth part of the empirical case analysis.Part ?:Empirical Case AnalysisThis part mainly analyzes the search for more than 40 acquittals through the refereeing documents network,from the procuratorial organs accused of sinful crimes,the judicial organs have made a positive and negative analysis of the acquittal,and the procuratorial organs and judicial organs concerned about traffic accidents.The focus of judicial review of sin and the criteria for conviction,the progress has come to a different point in the judicial authorities in reviewing the relationship between accident liability and criminal responsibility.Therefore,to find out the problems existing in the judicial practice department in determining the responsibility of the accident,and provide a practical basis for the conclusion.Part ?:Conclusion of this articleThis part is a problem analyzed from the first four parts.Based on the problem,combined with the status quo of criminal justice,it puts forward constructive and operability suggestions from the aspects of standardizing accident liability identification,strengthening social supervision and accurately identifying criminal responsibility.