On The Identification Of Causality In "Secondary Collision Type" Traffic Accident Criminal Case

Since causality is the objective basis for the criminal responsibility of the actor,it has been paid much attention in the field of criminal law.The causal relationship not only affects the judgment of completed crime and attempted crime,but also deeply affects the determination of whether the negligent crime is established.Although a lot of theories have been formed in the current research on causality,there is still no reasonable way to determine causality when there are intervention factors.In judicial practice,the judgment of causality in traffic accident cases is complex and special.As a negligent crime,the determination of causality is special,which is manifested in that the identification path of result backtracking behavior is obviously different from the intentional crime.Through the analysis of judicial data,it is found that the conclusion of causality in "secondary collision" traffic accident cases is quite different.As this kind of case belongs to the case of multiple causes and one effect,the determination of causality is complicated.In the "secondary collision type" traffic accident cases,there are a lot of cases with different judgments,due to the different factors that the judge considers in determining causality when the second collision is involved.Therefore,the rationality of causal factors is the key to causal judgment.Through the analysis in the "secondary collision type" causality recognition problems of traffic accident cases,found the causal relationship between single criterion,using the determined factors of their own judgment standard is not clear,the standpoint of identified factors different can draw different conclusions,but also ignore the effect of the possibility of avoidance of the second collision on causality.The uncertainty of this criterion directly leads to the confusion of causality determination.Therefore,it is the key to solve the problem of causal relationship in judicial practice to make reference to the identification factors of extraterritorial causality and to perfect the identification standard of equivalence in judicial practice.In view of the research on the causal relationship of "secondary collision type" traffic accident cases in judicial practice,the effective cases of intervening factors in traffic accident crimes in the past five years are analyzed and counted,and it is found that "secondary collision type" traffic accident cases account for 47% of the total traffic accident crimes,and the largest proportion of the cases is the number of cases.This paper summarizes the judge's criterion for determining the causality of "secondary collision type" in traffic accident cases,which mainly considers the abnormality of the intervention factors or the cause force of the behavior before and after,finds the problems in the current standard,and analyzes the causes of the problems in the judgment of causality during the second collision intervention.In order to effectively solve the problem of causality determination during the second collision intervention,combined with China's judicial practice,and reasonably refer to Japan's narrow appropriate judgment factors,the causal relationship is mainly identified from three levels: One is based on the premise that the second collision has the possibility of avoiding the result,the other is judged by ordinary people's foreseeable possibility,and the third is the specific standard that determines the equivalence based on objective criteria.Of course,the ultimate purpose of studying causality is to determine the criminal responsibility of the bear,it is necessary to make clear that causal relationship is the objective foundation of criminal responsibility,correctly understand the status of the causal relationship,give full play to the role of causality in criminal law,and to solve the judicial practice problems reasonably,create a good judicial environment,realize the fairness of judicial decisions.