An Empirical Study On The Cognizance Of Surrender In Traffic Accident Cases

Traffic accident cases,as criminal cases in which the criminal law of China regulates and punishes violations of the regulations on traffic and transport that cause significant damage to persons and property,have become one of the more numerous types of criminal cases being heard by the judicial organs of China at this stage.With the rapid development of self media and other media forms,the occurrence and exposure of malignant traffic accidents have aroused wide attention from all walks of life.At the same time,surrender is an important criminal law system in China,the main purpose of setting up surrender system in China is to encourage criminal suspects to automatic surrender,so that they have the performance of sincere repentance and they will not continue to commit crimes against society,at the same time,it can also improve the efficiency of case handling,save judicial resources and realize the purpose of penalty efficiently.However,due to traffic accident crime has its own particularity in the evaluation of criminal law,as well as its different understanding of the relevant provisions of the administrative law in the cognizance of surrender,which has caused many theoretical puzzles and disputes.In the early stage of academic discussion,there was a difference between "affirmative theory" and "negative theory" on whether the surrender system could be applied to traffic accident crime,with the continuous promulgation of relevant judicial interpretation and judicial discretion provisions in China,It is clear that the surrender system is applicable to traffic accident crime,which can alleviate the controversy to some extent.However,up to now,there are still many controversies in the academic circles about the specific circumstances of the criminal suspect’s surrender,such as calling the police and accepting the treatment after the traffic accident,waiting on the spot knowing that others reported the accident,escaping after the accident and so on.The debate in the theoretical circle is still stalemate,and the existing confusion does not seem to be relieved.In view of this,the author searched 100 relevant judicial documents from the magic of pku,try to find out the problems and rules from the trial practice,so that the research can return to practical rationality.From the perspective of the retrieved sample cases,the focus of judicial analysis on the cognizance of the circumstances of voluntary surrender in judicial practice is mainly focused on the specific situation of calling the police and accepting the treatment after the traffic accident,the specific situation of waiting on the spot knowing others to report theaccident after the traffic accident,and the specific situation after the traffic accident escapes,the author classifies these situations into types,100 sample cases are classified as "after the event alarm","on-site waiting","after the event escape",and the cognizance of surrender of these three types of traffic accident cases is sorted out one by one.From the perspective of the sample cases,there are three kinds of traffic accident cases in the trial practice,i.e."after the event alarm","on-site waiting" and "after the event escape",all of which have confusions of different judgments in the same case,which are mainly manifested in the big differences in reasoning and interpretation of the same situation,the mechanical application of judicial discretion,and the serious subjectivization of the application of the standard of surrender.In fact,the author finds that the main reasons for many difficulties in judicial practice are the unclear relationship between the department law and the relevant judicial discretionary provisions,the imperfect regulation of traffic accident crime,and the lack of specific standards of surrender.To solve the problems in the trial practice,we must take the cause as the starting point,combine the nature of surrender and the trend of the standards of surrender in traffic accident crime in China(the existing legal norms in China tend to be more and more relaxed for the standards of automatic surrender in the cases of traffic accident),and put forward relevant thinking and suggestions.Based on the analysis of the above content,the author believes that it is necessary to clarify the relationship between the department law and relevant judicial discretionary provisions,so that the judicial practice department will not fall into the dilemma of repeated evaluation when evaluating the specific situation;amend and improve traffic accident crime and relevant judicial interpretation,to make up for the loopholes in the judicial practice caused by the lag of legislation;further refine the specific standards for the determination of surrender in traffic accident crime,so as to prevent the judicial injustice caused by the excessive judicial discretion,such as the imbalance of crime and punishment,different judgments in the same case and so on.