"Secondary Collision Type" Traffic Accidents Caused Death Case Study

In practice,"second collision type" traffic accident escape cases(hereinafter referred to as "second collision" cases)have different sentences in the similar cases,which seriously affects the authority of justice.According to the types of cases in judicial practice,a "second collision" case is defined as a situation where the former perpetrator escapes after the accident and the latter perpetrator drives by and collides with the victim,causing the victim’s death.This article analyzes the secondary collision problem in this situation,mainly researches on the conviction and sentencing of the former perpetrator.On the one hand,the reason for the different judgments in the similar cases of this type is that the determination of causality in the case is different from that of the crime.It cannot be advanced according to the traditional criminal law causality analysis logic.It can only proceed from the criminal law normative purpose of inaction and revolve around the purpose of standard legislation to construct the association between omission and related results;on the other hand,the intervention factor of "second collision" makes it difficult to accurately determine the causality in the complicated traffic accident cases.It introduces and evaluates the existing causality theories,and on the basis of summarizing the pros and cons of the causality theories under the intervention factors,it is believed that the objective imputation theory is a more objective and reasonable theoretical system.From a theoretical point of view,the multiple subordinate exclusion rules of objective imputation theory can basically be achieved without omissions,showing the adequacy and level of criminal law evaluation,so it is better than other causality theories.The objective imputation theory is used to solve the problem of judging the causality of criminal law under intervention factors.It is divided into two steps: attribution and imputation.On the basis of attribution,objective imputation theory is used to point its foothold to the field of result imputation Analyze whether there is a criminal causality between the first act and the victim’s death in the case of involvement of a third party’s behavior.By referring to the "normal correlation" judgment method of the objective imputation theory for the intervention factors,analyzing the case in detail,and judging the attribution of the causal relationship through the analysis of the intervention factors,we can provide an objective basis for the determination of criminal responsibility.Such kind of cases cannot be solved across the board,and the facts should be investigated in the next step under the guidance of the constituent elements.And then Determining the liability and applying the law.The following factors need to be judged:First,the establishment of a negligent offense of traffic accidents requires a legal result.After the first collision,the victim’s injury such as minor injuries,serious injuries,and death determines the responsibility of the perpetrator;the second point,the time of death of the victim affects the degree of responsibility of the perpetrator.On the basis of grasping the above facts,considering causality and intervening factors,it is determined whether and how to attribute the result to the perpetrator.To expand the analysis of this type of cases,classify them according to the consequences of the first collision,analyze the handling rules in different situations and exceptions,at last try to classify this type of case,and draw a typed conclusion.It is hoped that the problems in judicial practice can be solved reasonably,a good judicial atmosphere can be created,and the fairness and justice of judicial judgments can be realized.