On The Responsibility Of Traffic Accident And Identification Of Traffic Accident Crime

In the criminal law provisions,there are no lack of violations of administrative regulations as the premise of conviction,but the most classic,the greatest impact on practice is not traffic accident crime,the Supreme Court on the introduction of judicial interpretation of traffic accident crime,The introduction of criminal law does not exist accident liability,greatly improve the efficiency of traffic crime,save judicial resources.However,the introduction of accident liability inevitably leads to the simplification and mechanization of conviction in practice,and the size of accident liability becomes the only standard for the determination of crime.As long as the parties are found to bear the same or more accident liability,the damage consequences of the accident reach the legal level,that is,it constitutes a crime.This thinking directly leads to the confusion between accident responsibility and criminal responsibility in traffic accident cases,and judicial examination is a mere formality.In the identification of traffic accidents,the most important evidence is the traffic accident identification made by the traffic management department.The responsibility in the accident cognizance document directly affects the criminal responsibility of the parties,and its importance is self-evident.However,because there is no reliable basis for the standards and rules of traffic control departments to determine the responsibility of accidents,the provisions that determine the size of the parties’ responsibilities are also very abstract and subjective.However,the accident liability directly affects the criminal liability of the parties,making many controversial cases in practice.Criminal identification must realize the unity of subjective and objective criminal law,However,in the environment of judicial determination of traffic accident crime,this seems to be an exception.The judicial organs neither reasonably and accurately identify the objective aspects nor make a comprehensive and strict analysis of the subjective aspects of the crime.Instead,they form a kind of thinking inertia that is more than equal responsibility that is crime.The second chapter of this paper begins with the concept of traffic accident crime,discusses the current situation of judicial conviction under the influence of traffic accident responsibility,and analyzes the advantages and disadvantages of accident responsibility as the condition of traffic accident crime.This mainly analyzes the introduction of accident responsibility to the identification of traffic accident criminal responsibility several drawbacks.The third chapter analyzes many problems in the identification of accident liability,and the application dispute of traffic accident identification.The fourth chapter,starting with the elements of criminal law,analyzes how to correctly identify traffic accident crime and carry out the independence and integrity of criminal judicial evaluation from the perspective of accident responsibility,in order to benefit the judicial practice of our country.