Research On Difficult Problems Of Criminal Responsibility Identification Of Non-motor Vehicle Traffic Accidents

In judicial practice,the identification process of criminal responsibility for traffic accidents is as follows: the administrative organ first determines the responsibility for traffic accidents and issues the letter of identification of traffic accidents,and then the court convicts and sentences according to the responsibility established in the letter of identification of traffic accidents.For the two different subjects of non motor vehicles and motor vehicles,they are usually not distinguished in practice and treated with the same standard,which is debatable.By searching a large number of non motor vehicle traffic accident judicial cases,it is found that there are many difficulties and disputes in the non motor vehicle criminal responsibility determination procedure,the application and effectiveness of the traffic accident determination letter and the charges involved.For example,in terms of traffic accident identification procedures,the principles and basis of non motor vehicle driver’s responsibility identification are usually based on motor vehicle standards,and the boundary of non motor vehicle driver’s duty of care is relatively vague,resulting in disputes between the prosecution and the defense on the identification of traffic accident responsibility in most cases,which brings many difficulties to the identification of non motor vehicle driver’s criminal responsibility.In order to make up for the defects existing in the above-mentioned identification of criminal responsibility for non motor vehicle traffic accidents and improve the identification rules and procedures of criminal responsibility for non motor vehicle traffic accidents,the identification of criminal responsibility for non motor vehicle traffic accidents should be improved in the following three aspects: first,when identifying the responsibility for traffic accidents,non motor vehicles belong to the vulnerable party in public transport,and their duty of care should not be too high.Secondly,the identification of traffic accidents should not be the direct evidence of the establishment of a crime by non motor vehicle drivers,which can only be used as reference materials for criminal trial.To determine the criminal responsibility of non motor vehicle drivers,we should not only rely on the identification of traffic accidents,but also judge whether the driver’s behavior meets the constitutive requirements of basic crimes from the basic theory of negligent crime.Finally,when determining what kind of crime non motor vehicle drivers should establish,we should make a prudent,fine and three-dimensional judgment on the application of the law on the basis of all-round and multi angle facts,so as to avoid the confusion of the application of criminal law and the loopholes of criminal punishment.