Study On The Application Of Accident Investigation Report In Criminal Procedure

Accident investigation reports have always played an important role in trials in accident-type criminal cases.Previously,the use of accident investigation reports lacked legal support,and Article 101 of the interpretation of the new Criminal Procedure Law of the Supreme People’s Court in 2021 confirmed that accident investigation reports can be used as evidence in criminal proceedings,clarifying the evidentiary qualifications of the reports.Nevertheless,the use of accident investigation reports in criminal proceedings still faces some difficulties.In this paper,the use of accident investigation reports in criminal litigation is studied to find the fit between the properties of accident investigation reports and criminal evidence,to solve the theoretical difficulties faced by accident investigation reports as criminal evidence,and to analyse the problems existing in current practice by summarising the adoption and use of accident investigation reports in criminal litigation practice,and to propose targeted solutions in order to improve This paper is divided into five parts.This paper is divided into five parts.The first part is an overview of accident investigation reports.Firstly,it briefly describes the concept of accident investigation report and clarifies its basic functions;secondly,it briefly lists the current legislative norms in different accident fields in China and briefly describes the formation process of accident investigation report;finally,it analyses the legal attributes of accident investigation report and its intrinsic reasons for being able to be used as criminal evidence.The second part is an analysis of the norms for the use of accident investigation reports in criminal proceedings.This part is mainly based on the interpretation of Article 101 of the new Criminal Procedure Law,analyzing the necessity of adding this article and explaining the article,and on this basis,analyzing the differences between accident investigation reports as criminal evidence and other types of evidence.The third part is about the current situation of the use of accident investigation reports in criminal prosecution practice.This part uses the method of empirical analysis and,by consulting the website of the Chinese Judicial Documents,illustrates the use of accident investigation reports in criminal litigation practice from 2002 to the present in three aspects: statistics,distribution of crimes and adoption.The fourth part is about the problems faced by the use of accident investigation reports in criminal prosecution practice.Firstly,it analyses the problems that arise in the formation of accident investigation reports,namely the construction of accident investigation teams and the irregularity of investigation procedures,the lack of criminal investigation power of investigation teams and their lack of neutrality and professionalism,the lack of unified accident investigation procedures and the absence of human rights protection.The second analysis of the judicial practice of the trial process in the accident investigation report of the evidence,cross-examination and certification of the problems,that is,insufficient evidence,the validity of the cross-examination is not enough,and certification is limited to formal review.The fifth part is the path to improvement.Firstly,the production of accident investigation reports should be standardized,and improved in terms of the subject of investigation,investigation procedures,report content,report form and party relief,to ensure that the accident investigation report itself is compliant and effective.Secondly,it is proposed to strengthen the legal supervision of accident investigation by the Procuratorate.Finally,it is proposed that in judicial practice,attention should be paid to the proof,cross-examination and authentication of the accident investigation report to achieve full proof,effective cross-examination and substantive review.