Research On The Application Of Road Traffic Confirmation In Criminal Proceedings

On June 2,2020,statistics on major criminal cases handled by procuratorates at al levels nationwide in 2019 were released.Among them,71,133 persons,or 3.9percent,were convicted of traffic offenses,ranking seventh among al criminal offenses.In August 2020,the Supreme People’s Court(SPC)released big data on traffic accidents across the country。 The results show that the overal trend of traffic crime cases is decreasing in recent three years: compared with the number of cases in2018,the number of cases in 2019 was down by about 2.77%,while the number of cases in 2018 was down by 7.74% compared with last year.However,while congratulating on the decease,we should not neglect the massiveness of overall traffic cases.In the criminal case of traffic accident,Road Traffic Confirmation,vital to traffic accident crime conviction,contains the occurrence,causes and determination of responsibility on the parties concerned of the traffic accident.Therefore,a fair,objective and normative Road Traffic Confirmation guarantees the fairness and justice of the law and safeguard the legitimate rights and interests of the parties.This paper discusses the application of Road Traffic Confirmation in criminal procedure from the fol owing five aspects.The first part clarifies that the determination of accident liability fundamental constitutes the conviction of traffic accident crimes,and limits the punishment scope of the crime of causing traffic accidents.The attribute of evidence is discussed in the second part through analyzing different viewpoints and distinguishing legal and accident liability.The author thinks that the appraisal opinion is the suitable one.The third part analyzes the problems existing in the application of Road Traffic Confirmation as evidence in criminal proceedings,such as the identity of the accident police,the insufficient demonstration of the identification and division of the responsibility for the accident,lack of re-check of Road Traffic Confirmation,and insufficient judicial review in legal practices.The fourth part analyzes the accident liability determination in regions like Japan,the United States,Germany and Taiwan of China.The fifth part puts forward several suggestions on improving the application of Road Traffic Confirmation in criminal proceedings,such as establishing law-making stipulation on the qualification for liability determination for accident police,establishing separation system between the accident police and investigation police,improving traffic accident identification rule,strengthening the substantive examination of Road Traffic Confirmation.