Case Analysis Of Sun And Chen's Traffic Accidents

In recent years,the number of traffic accident cases has cont inued to r ise with the rap id increase in the number of motor vehic les.In judic ia l practice,the hand ling of traffic accident cases often invo lves the ana lys is of intervent io n factors,the ident ificat ion o f escape behaviors and the grasp of sente ncing circ umstances.There is great controversy,especia lly in cases invo lving inter vent io n factors.The treat ment o f interve nt ion factors is the key,d iffic ulty and controvers ial point in cr iminal law theory and judic ia l practice.It makes the ident ificat ion of causa lity and divis ion of responsib ilit y more comp licated.There fore,conflicts are very easy to occur in convict ion and sentenc ing.It is diffic ult to analyze t he interve nt ion factors in traffic accident cases,also has great theoretical and practical significance.When there are interve nt ion factors in traffic accident cases,the ma in d isputes are how to determine the causa l relat ions hip between the imp le mentat io n behavior and the interve nt ion factors with t he har m results,how to determine the share of responsib ilit y o f the respons ible parties,how to convict a nd sentence.The determinat ion o f causalit y is the basis,the divis ion o f convict io n a nd respons ibility is the purpose.In jud icia l practice,there are often d iffere nt judges who have comp letely oppos ite ident ificat ion of causa lit y and different divis io n of responsib ilit y.It directly affects the convict ion and sente ncing of s uspects and is re lated to the fa ir ness and just ice of the law.Through t he three representative cases,the three interve nt ion factors wit h high frequenc y and high d ispute were ana lyzed.It solved the d iffic ult proble ms suc h as causality deter minat ion,respons ibility d iv is ion,convict ion and sentenc ing and for med a clear conc lus io n that t he traffic accidents involving irre gular traffic fac ilit ies sho uld be based on the pr inc ip le of causa lit y j udgment to analyze the causa l relat ions hip between the anecdotal behavior and the harm result,the traffic accident case invo lving a third party(cha in accident)should be based on causa lity.The traffic accidents involving t he vict im's specia l const itut ion,the injur y part icipat ion s hould be determined and t hen t he causal relat io nship sho uld be judged.In case of mult ip le interve nt ion factors,the partic ipatio n of each interve nt ion factor in the hazard results should be ana lyzed and determined on the bas is of analyzing the cause of the accident and the causal process.