Research On Traffic Accident Caused By The Second Rolling Of The Third Person

The crime of causing traffic accidents has always been the focus of research in legal circles.Among them,hit-and-run cases and secondary rolling cases of traffic accidents are even more difficult points in the current research.The third-person secondary rolling type of traffic accident cases is a collection of escape,secondary rolling and other situations,which are quite complicated.The judicial practice determination of such cases has been faced with difficult problems such as inconsistent delineation of responsible subjects,simple and crude determination of criminal responsibility for accidents,difficulty in clarifying the specific causal relationship,formalized determination of the causal force of both parties,and confusion in relevant norms and standards for escape.On the one hand,the reason is that the intervening factor of the third person’s "secondary crushing" has increased the difficulty of determining the causal relationship,which in turn affects the determination of the subject responsible for the accident and the subsequent correct conviction and sentencing.On the other hand,the reason is that under the background of differences of understanding on how to identify the escape norm and whether the escape causing death clause should be based on the premise that the behavior before escape constitutes a basic crime,the conviction of cases with escape circumstances is very rash and confusing in practice.Only by basically clarifying the causal force between the perpetrators and the consequences of death in such cases can we further explore the attribution of responsibility.At the same time,it is necessary to make an effective and purposeful interpretation of the escape norm,in order to correctly convict and sentence each perpetrator,so as to realize the adaptation of culpability and punishment,and the punishment should be regarded as the crime.The first part of the article is the introduction,first of all,a brief review of the current domestic academic research on this issue,and a general understanding of the research progress and research scope of secondary rolling traffic accident cases in this discipline.The second part mainly combines the statistics and analysis of a large number of case data,and points out the various difficulties existing in the practical conviction and sentencing of the third-person secondary rolling traffic accident case.The third part is mainly about thinking and analysis of the reasons caused by the problems presented in the status quo of judicial determination.The fourth part is the solution to the judicial recognition problems presented by such cases.The content of the fifth part is on the premise of basically solving the above-mentioned difficult problems,and explores the path selection of criminal imputation in the case of the third person’s secondary rolling traffic accident.The two unknown paths further discuss the culpability of the perpetrators in detail,and finally provide a standardized and effective practical reference for judicial practice to deal with complex and changeable secondary rolling traffic accident cases.