Research On Judicial Determination Of Causality In Traffic Accident Crime

Traffic accident crimes are high-profile crimes in modern society.In judicial practice,there are lots of problems in the judicial decision of the causation of traffic accident crimes with its complex and changeability which involving various parties in road traffic.The specific manifestations are the followings: unrestricted implementation of act of perpetrating to traffic accidents which makes the scope of punishment to be so large;lack of standard judgment of causation;easy to replace the cognizance of liability identified with the determination of criminal liability in administrative law;the accused presumed innocent until proven guilty is not be implemented in criminal action.The paper mentions to analyze and sort out the judicial decision of crime of causing traffic casualties in recent years on the basis of this finding while focusing on the actual situation,and explore the causes of major controversy in the decision of the causation of crime of causing traffic casualties and the corresponding judicial rules of the related judicial organs.And it will puts forward the way of solving problems from two aspects of material law and adjective law after clearly pointing out the problems of judicial decision of causation.In terms of material law,substantive review of the responsibility for accident identification is necessary and the carding and clear and definite of the act of perpetrating of crime of causing traffic casualties and the theory of causation is needed;in terms of adjective law,the application of summary procedures needs further clarification and in dubio pro reo needs to be insisted during the trial,and reasonable suggestions are provided for judicial decision of causation of crime of causing traffic casualties by judicial personnel.