Traffic Accident Crime's Judicial Dilemma And Solution

Traffic accident crime is a frequently-occurring crime in criminal judicial practice,which accounts for a high proportion of criminal cases in recent years.However,in the judicial practice of various parts of the country,there is a situation of inconsistent understanding of the conviction and sentencing of traffic accident crime,resulting in a large number of inconsistent conviction and sentencing in same type of cases.The occurrence of different judgments in the same type of cases has a very negative impact on maintaining the rigor and authority of criminal justice.The existence of these differences,related to traffic accident laws and regulations system's unscientific,and there is a conflict with the theory of criminal law.In this paper,the author will discuss the differences of judicial practice in traffic accident crime,and focus on the analysis of the deep-seated causes of differences and solutions,in order to be able to improve the traffic accident crime-related laws and regulations system and the unity of judicial practice.The first chapter lists five typical cases of traffic accident crime in judicial practice,and expounds the specific differences of each case in judicial practice.Some of these differences involve guilty or not guilty,some of which involve the degree of sentencing.The main reasons for the divergence are: different understandings of liability for roadtraffic accidents;loopholes in Article 133 of the Criminal Law;different understandings of the Supreme People's Court's Interpretation of Several Questions Concerning the Specific Application of Law in Trial of Criminal Cases of Traffic Accidents;the understanding of causality is different;and so on.The second chapter has two parts,the first part: the solution to the above-mentioned differences put forward by the theory of criminal law and judicial practice.Theorists and judicial practice put forward the following solutions: to eliminate the traffic accident liability conditions in the "Interpretation";the responsibility of traffic accident should be determined on the basis of excluding escape;the judge should be given the right to examine the traffic accident liability;the interpretation should be understood and applied in judicial practice in combination with the constitutive elements of traffic accident crime;repeat evaluation for the escape behavior should be affirmed and acquiesced,because it accords with the logic of law and economics,and;traffic accident liability is administrative law evaluation,administrative law evaluation and criminal law evaluation belong to different evaluation subjects,and there is no contradiction between them.Some of these views are not comprehensive enough,some are not practical,and some are not self-justified in theory.The second part makes an analysis of the five representative cases listed in the first chapter.In the process of evaluating each case one by one,this paper reflects on the provisions of the existing legal and judicial interpretation of traffic accident crime,puts forward solutions to the differences on the premise of breaking through the existing legal framework,and demonstrates the feasibility of the solutions.The third chapter is the conception of perfecting the legal system related to traffic accidents.Based on the reasons for avoiding repeatedevaluations and preventing the imbalance of sentencing,the “hit and run”and “death due to escape” in Article 133 of the Criminal Law should be deleted.Based on the purpose of minimizing the occurrence of escape behavior,“the crime of escape” should be added.“The crime of escape”and traffic accident crime are two separate crimes.The subjective aspects of the two crimes,the object of the violation,and the objective aspects are different.The behaviors of the two crimes are closely related to each other.Since the traffic accident liability occupies an important but unreasonable position in the Interpretation,the Interpretation should be revised,and the traffic accident liability should be removed from the Interpretation,so that the conviction and sentencing of the traffic accident crime are no longer based on the traffic accident liability.