Responsibility Of Traffic Accident Crime Of Research

Crime of causing traffic casualties is one of the common multiple crimes，seriously affectthe people’s life and property safety and healthy development of the economy. However, thetraffic offence in our criminal law provisions is slightly simple and abstract, and the relevantjudicial explanation is not satisfactory. Such issues as cognizance and punishment appear onthe controversy. Our country’s "criminal law", the Supreme Court’s "The interpretation of thetrial of traffic accident on concrete application of law in criminal case" and "Road safety law",these laws and regulations constitute the traffic offences of regulation system, but there areserious defects, especially to deal with the traffic accident responsibility cognizanceprocessing, it is frustrating in the judicial practice. This article is under this background, in theview of the law applies the certificate of traffic accident, on the study of traffic accidentresponsibility identification problem, in order to help to improve traffic offences legislativesituation.The author will describe the current situation of China’s traffic accident crimeresponsibility confirmation, as well as the problems in the processes of recognitions. Pass theprovisions of the crime in Article133of the Penal Code, the guilt is some blank counts,therefore we must reference the corresponding transportation management regulations inorder to clear which kind of the behavior might constitute a traffic crime.Then I will discuss the status, role and nature of the Accident Liability Confirmation inthe processes of traffic crime responsibility confirmation. From the judicial practice, there areno uniform standards for the traffic crime responsibility confirmation, which will large thearbitrary of accident responsibility confirmation and cause some imbalance problems inidentifying responsibilities. Something about identifying the uniform enforcement standardsof the accident responsibility confirmation needs the relevant national competent authoritiesprovide further specifications, I think traffic Liability Confirmation is just an expertconclusion of the special nature of the administrative action, but not competent criminalevidence.The last I will state the proposals about how to improve traffic crime responsibilityconfirmations. Change the blank counts of traffic crime legislations to describe indictments.In practice, we can set up traffic appraisal department independent of the Police Department;In the legislation of criminal responsibility of judicial organs authorized accident of traffic police department has the right to apply for review identified, to ensure that their affirmation of traffic accident criminal judgment reference to meet criminal procedural requirements; specific ation of traffic accident evidence for books, improve the coordination mechanism of administrative law enforcement and criminal justice.