Analysis Of The Application Of Surrender In The Traffic Accident Crime

Regarding the issue of the surrender in the traffic accident crime,the complexity of the traffic accident crime leads to the fact that the judgment of the same case is completely different.By comparing these facts and the basis of judges' judgments,we can know that there is no detailed provision for specific issues in the criminal law,and that there is no uniform standard for judges to exercise discretion in the application of the provisions.This has led to the mistaken application of the voluntary surrender system in some cases which should be recognized as surrender.And the occurrence of abnormalities in the punishment,penalty,and punishment of the sentencing has occurred.Through the comparison of the application of voluntary surrender system to the traffic accidents crime in the referee paper network,the existing problems in the judicial practice are summarized.There are four differences: First,whether the crime of ordinary traffic accidents applies to the voluntary surrender,there are "affirmative opinions" and "negative opinions." The author agrees with the "positive opinion," but tends to be strict in the scope of sentencing.The second is the interpretation of the Supreme People's Court,"The person who knowingly find someone called the police still waits on the scene,and does not refuse to arrest in the arrest process and confess to the fact that he committed the crime,can be deemed as automatic surrender." Regarding the "waiting at the scene",there is no distinction in judicial practice.The author believes that there should be a distinction.For those who are forced to stay on the scene,they should not be deemed to surrender.Third,for the interpretation of “Protecting the scene after traffic accidents,rescuing the wounded,and reporting to the police should be deemed as automatic surrender.” some courts do not recognize themselves as surrendering for the lack of “reporting to public security agencies”.This article believes that the situation should be discussed in separate situations.If the perpetrator does not have time to report to the relevant authorities because of the protection of the scene or rescue of the injured,the system of application for voluntary surrender should not be excluded.Fourth,whether the crime of traffic accident escapes is subject to the surrender.Some scholars believe that in accordance with the provisions of the criminal law,fleeing the scene is to escape legal investigations,and surrendered is to automatically surrender and accept legal sanctions,which creates contradictions.However,if it applies for surrender when the fugitive behavior has already caused harm to society,there will also result in the issue of abnormal sentencing.The basis of judicial practice on the handling of this issue is eloquent.This article believes that the Supreme People's Court should issue guidance cases or issue judicial interpretations to harmonize the application of such cases by courts at all levels.The root cause of the aforementioned problems in judicial practice lies in the lagging nature of legal provisions,and there is no uniform standard for the application of judicial interpretation.With the development of society,if the provisions of the law cannot adapt to the needs of social development,similar cases will continue to increase,and the contradictions will intensify,which is detrimental to the development of social harmony.When formulating laws,attention should be paid to this situation,and laws should be constantly improved and developed so as to bring into play the proper rules and regulations for criminal law.