On Surrender In Traffic Accident Crime

The surrender system is an extremely important sentencing system for the defendant.As one of the crimes in the Criminal Law,the surrender system can certainly be applied.However,there are still views in the academic circles that the surrender system cannot be applied to traffic accident crime,and the application of surrender will lead to an imbalance of crime and punishment in traffic accident crime.For the perpetrator of a hit-and-run traffic accident,as long as the elements of surrender are met,surrender can be applied.In judicial practice,the judicial authorities determine that the conditions for surrender in traffic accident crimes are more strict,on the one hand,for the "automatic surrender" in traffic accident cases,there are obvious differences in the understanding of the judicial authorities;on the other hand,for the defendant’s defense and surrender in the "truthful confession".On the other hand,the boundary between the defendant’s defense and "truthful confession" in surrender is not clear and definite,and in practice,the defendant’s defense is often used to deny the space and possibility of "truthful confession".At the same time,the judicial authorities also often use the perpetrator’s failure to fulfill the legal obligations stipulated in the Road Traffic Safety Law that the perpetrator should fulfill as a basis for excluding the perpetrator from applying surrender.For the determination of surrender in traffic accident crime,the special features of "surrender" and "truthful confession" in traffic accident cases should be grasped.The premise of the application of the crime of traffic hit-and-run is to clarify the relationship between the traffic hit-and-run behavior and the fleeing behavior.In the case of hit-and-run,there is a possibility that the basic crime of surrender is applied,but the perpetrator is denied to constitute the aggravated crime of surrender.The paper contains three parts,namely introduction,text and conclusion,of which the text is divided into four chapters.Introduction: Taking Yu Jinping’s traffic accident case as a guide,the article links the traffic accident crime with the application of surrender and puts forward the possible problems of applying surrender in practice.The value of the article is elaborated and the methodology of this paper’s research is summarized,and the innovative points and shortcomings of this paper are summarized.Text:The first chapter begins with an overview of the two doctrines of whether surrender can be applied to traffic accident crime.From the principle of compatibility of crime and punishment,the application of surrender in the case of non-running traffic hit-and-run crime does not violate this principle.Second,in terms of the relationship between hit-and-run and surrender,the two do not exist in opposition to each other.In traffic accident cases that may involve fleeing,it should be judged whether the fleeing behavior is established first,and then whether surrender can be applied.Despite the widespread use of surveillance equipment in the field of transportation,technological advances still do not preclude the opportunity for the perpetrator of a hit-and-run traffic accident to apply surrender.Finally,the significance of the crime of traffic hit-and-run to identify surrender is that,on the one hand,the perpetrator’s surrender can assist the investigating authorities to identify the facts of the case,and on the other hand,it helps to save judicial costs.The second chapter is mainly a study of the judicial status of the application of surrender to traffic accident crime.In practice,the judiciary has found the conditions for surrender to be strict.In terms of "automatic surrender",the judiciary basically equates "automatic surrender" with making a phone call to the police.At the same time,the judicial authorities will also examine whether the perpetrator knows that others have reported the crime,as a basis for determining the "automatic surrender".In terms of "truthful confession",whether the content of the perpetrator’s confession reflects his sober understanding of causing the accident may affect the establishment of "truthful confession" or not.Since the perpetrator in a traffic accident has an administrative obligation,the judicial authorities usually deny his surrender on the basis that he has not fulfilled his administrative obligation.The third chapter focuses on the application of surrender to traffic accidents from the contingency level.The determination of automatic surrender should be grasped from four aspects: object,time,manner and motive.For the determination of automatic surrender,we cannot only do the formal level of understanding.The determination of "deemed automatic surrender" should be based on the value and meaning of the surrender system,and for certain situations that exist in practice,they can also be determined in accordance with other deemed automatic surrender situations.Whether the perpetrator fulfills his administrative obligations cannot be considered as a prerequisite for surrender.The administrative obligation of "reporting to the public security organs" cannot be fully equated with "reporting to the police".The unification of subjective and objective criteria should be used to determine the automatic surrender.For "truthful confession",the identification of the facts is a prerequisite.The "main facts" of a traffic accident include the time,place,object,process and cause of the accident.The fourth chapter proposes the construction of the method of applying surrender in traffic accident crime.In the case of traffic accident,it is necessary to recognize that escape should exist independently of the traffic accident.Escape after a traffic hit-and-run should fall under the category of a combination offense rather than an aggravating circumstance or an aggravating result offense.The traffic accident crime can be applied to the basic crime of surrender,that is,the truthful confession of the facts of the traffic accident,not confessed to the fact of escape,can be mitigated by law,but not mitigating punishment.The concluding part: to summarize this paper,to present on the deficient part,and to show the issues to be further discussed in the theory.