| In China,the traffic accident identification is the technical conclusion that the traffic police department making use of the administrative laws and regulations about the basic facts,causes and the responsibility of the parties.It is often used as an important evidence in criminal,administrative and civil litigation.But from the current judicial practice,the traffic accident criminal cases of the parties involved in personal freedom and property rights in the controversial,especially released in the judicial interpretation of the Supreme Court of the division of responsibility of traffic accidents were determined for the traffic accident crime,the judge will be part of the traffic accident identified as the only the evidence standard of the traffic accident liability,which has serious drawbacks.For example,many people in the case,with the escape plot but not necessarily true caused death results relative to other perpetrators of perpetrators may bear the responsibility of traffic accidents to be heavy,which constitute the crime of traffic accident.This does not conform to the principle of the criminal suspect in criminal law.This article from the three real cases of traffic accident,to find the problems reflected in the book of the application of the criminal in the traffic accident,and in the basis of definition,function,production,properties of the book,the public prosecution in criminal proceedings,the trial of the two aspects combined with case analysis and study,think of the transportation the accident responsibility system relative responsibility,in order to determine whether the perpetrators of criminal responsibility and should bear criminal responsibility size against injustice,and in this situation,the relief way is not limited to public relief,such as the public prosecutor made decision not to initiate a prosecution of traffic accident,the parties may also according to the law of private relief,in order to have the benefit to the traffic crime legislation and judicial application. |
