Legal Analysis Of Zhangzhenyu’s Traffic Accident Case

In many traffic accident, when the situation include death, serious injury, major property damage and other serious consequences occurring, it will belong to the actions which should bear criminal responsibility. But in many accident cases, the victims were not died then and there. When the victim died because of some abnormal factors such as the hospital treatment behavior and so on, there are some different decisions all over the local court. Most of them are still identified by rescue invalid death. The process also reflects a real problem that lots of parties appeal to the medical institutions to collect relevant evidence, but it would be hard if without the cooperation of medical institutions. Through the analysis, this is because that the law does not deny the related rights of the defendant. It would be hard to achieve if without the guarantee of system.The paper based on a case named traffic accident case of Zhangzhenyu. First of all, this paper gives a simple statement of the process of the cases, the trial results and judgment basis of the court, the disagreement between the plaintiff and defendant. Next to it, the paper bring a discussion of the problem reflected from current judicial practice, including that the identification ways of rescue invalid in traffic accident cases during the process of trial. and the system that the defendant appeal to the medical institutions to collect evidence. Finally, the paper brings out the author’s opinion. In dealing with the traffic accident cases which the victims died, it should be careful if it involves the rescue action of the medical institutions. If the cure behavior of medical institutions is the negligence or fault, the medical institutions should bear the corresponding responsibility. Identifying the causes of death reasonably, judging whether it constitutes the crime of traffic accident or not rightly. and completing the system that parties appeal to the medical institutions to collect evidence.