The Criminal Law Evaluation Of The Second Rollover In Traffic Accidents

The reason why the problem of secondary crushing in traffic accidents is tricky lies in the need to solve a series of basic theoretical problems of traffic crimes and causality problems under intervention factors.If these theoretical issues are connected in series,the problem of secondary crushing will naturally be solved.First of all,in the basic theory of traffic accidents,the escape of traffic accidents should insist on avoiding legal obligations.In the judgment of "death caused by escape",it should adhere to the "non-rescue death" theory.There is a causal relationship between the behavior and the death of the victim,and subjective crime is an indirect intention.Secondly,in the causality under the intervening factors,the objective attribution theory's dichotomy of attribution and attribution is used for analysis;in the context of criminal attribution,consideration is given to the usualness + force to comprehensively screen suitable causality.Finally,in the analysis of the case,if the secondary crushing is normal,according to the force formula,at least the overall force of the driver in front of the vehicle must be greater than the driver in the rear,in order to determine that it constitutes "death due to escape";if the secondary crushing If it is not usual,the behaviors of the drivers of the front and rear vehicles are independently determined based on the constituent elements of the basic offender of the traffic accident and the escape of the traffic accident.