Research On Several Issues Of Traffic Accident Crime

With the rapid development of China’s economy,people’s living,clothing and transportation level is also rising,resulting in the increasing number of new vehicles every year,followed by the high incidence of traffic accident cases.At present,traffic accident cases have become the most common criminal cases in China’s judiciary.Due to the limitations of legislation and judicial interpretation of traffic accident crime in our country,there are still many differences and disputes in the recognition of traffic accident crime in judicial practice,resulting in many legal phenomena of different convictions in the same case and incompatibility between crime and punishment,which obviously lose judicial fairness and justice.From the perspective of a traffic accident case actually handled and based on the disputed viewpoints in the case,the author makes a jurisprudential analysis of the three disputed issues in the case on the basis of empirical research,with a view to concluding a relatively unified principle of identification,which will benefit the judicial practice in the future.This paper is divided into four parts.The first part is an overview of a traffic accident case of Yang Mou.This part leads to a case of perspective.After introducing the basic case of the perspective case,it lists three different viewpoints and summarizes the controversial focus and related issues of the case from different viewpoints,namely,the determination of causality in traffic accident crime,the relationship between road traffic accident liability and the constitution of traffic accident crime,the relationship between escape and escape causing death after traffic accident.The Difference and Recognition of Death in Three Aspectst.The second part is the jurisprudential analysis of the controversial focus of a traffic accident case of Yang Mou.This part makes a comparative analysis of the three issues involved in each controversial focus,and thus draws a reasonable point of view:first,when determining the causal relationship in traffic accident crime,as long as the accident is one of the conditions for the damage result,then there is a causal relationship between the two.However,if there are "independent and abnormal" factors involved,the causal relationship will be interrupted;secondly,when the crime of causing traffic accidents is convicted,the liability of road traffic accidents is one of the necessary conditions,except for the presumptive liability;thirdly,the difference between escape after traffic accidents and death caused by escape lies in whether the aggravating consequences occur after escaping from traffic accidents,that is,the abandonment of the perpetrators.In order to cause the death of the victim due to lack of effective rescue.The third part is the analysis and conclusion of a traffic accident case of Yang Mou.After the jurisprudence analysis of the second part,it is easy to draw a conclusion that Yang Mou constitutes a traffic accident crime and conforms to the situation of "escape after traffic accident",and should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.The fourth part is the enlightenment of dealing with traffic accident cases in judicial practice.Through the jurisprudential analysis of the controversial focus of a traffic accident case in Yang Mou and the application and judgment in specific cases,this paper puts forward six opinions and suggestions.First,when there is ambiguity in the understanding of the meaning of two escapes,we should adhere to the purpose interpretation as a guide and comply with the original legislative intent;second,when applying the three-tier penalty to the traffic accident crime,we should adhere to the principle of compatibility of crime,responsibility and punishment,so as to make the consequences of damage and punishment Punishment is symmetrical and unified;third,when determining the constitution of traffic accident crime,we should reasonably grasp the letter of identification of the accident;fourth,we should unify the sentencing policies of various places and standardize the conditions for applying probation to traffic accident crime;fifth,we should adopt the principle of rescuing victims when convicting and punishing,encourage the perpetrators to actively rescue the injured and reduce the death rate of traffic accident;sixth,we should increase legislative propaganda,which will increase escape.Provisions on punishment are widely notified to stop escapees.