Research On The Judicial Identification Of Traffic Accident Crimes

With the development of society and the improvement of people’s living standards,every household has begun to buy cars.There are more and more cars driving on the roads,and the number of traffic accidents has gradually increased,and the number of traffic accidents has also become more frequent than before.my country’s legislation and justice have made corresponding provisions on the crime of traffic accidents,which are mainly reflected in Article 133 of the Criminal Law and Article 2 of the Supreme People ’ s Court ’ s Interpretation on Several Issues Concerning the Specific Application of Law in Trial of Criminal Cases of Traffic Accidents.,Article 3.The crime of causing traffic accidents has a long history,and there has been no lack of theoretical research since its establishment.Even so,there are still controversies about some difficult issues of this crime in judicial practice,such as the definition of the scope of transportation space,the determination of whether the perpetrator’s behavior is "escaping after a traffic accident",and whether the perpetrator is involved in the crime of traffic accident.The determination constitutes a surrender.Therefore,further analysis of the related difficult problems of this crime has important value and significance for theory and practice.The research content of this article consists of the following three parts:In the first part,through three typical traffic accident cases of Liu,Tian,and Zhong,it is found that such cases have the phenomenon of "different judgments in the same case" in judicial trials,and further summarize the focus of the dispute in this article,and do the following discussion Good foreshadowing.The second part,on the basis of the controversial focal points summarized,combined with domestic mainstream views,specifically discusses the judicial identification of traffic accident crimes.On the basis of other people ’ s existing opinions,clarified the constituent elements of this crime and clarified the spatial scope of transportation;defined,analyzed and distinguished traffic accident escape behavior;analyzed the feasibility of applying the surrender system in traffic accident,And made an introduction to the specific application of surrender in this crime.The third part summarizes the previous article and proposes countermeasures and suggestions to improve the judicial determination of traffic accident crimes,including refining the spatial scope of traffic accident crimes;strengthening the application of the principle of trust in traffic accident crimes;improving the legal expression of traffic accident escape;Conditions for surrendering in traffic accident crimes.