On The Influence Of The Victim’s Fault On The Conviction And Sentencing Of Crime Of Causing Traffic Casualties

At this stage,the discussion on the fault of the victim is increasingly fierce in China’s legal theory circle.In today’s rapid economic development,traffic accident behavior has always been a normal social problem,which is difficult to eliminate for many years.Victim guilt is also of great significance for conviction and punishment for traffic violations.Therefore,the author is considering an in-depth study of the impact of victim culpability on conviction and punishment of traffic accidents.At present,the discussion about the problem in the legal circle of our country is only broad and relatively broad.There are not many articles that actually deal with victim culpability mixed with traffic accident behaviour,and few scientific papers fully explore victim culpability in the conviction and punishment of the traffic accident.The reason why the identification of traffic accident has always been a difficult problem in judicial practice is that it has certain particularity.When traffic accident occurs,the traffic police department should first identify the responsibility of traffic accident.When entering the court proceedings,Confirmation of liability for traffic accidents can be the main basis for conviction for traffic accidents.According to the current interpretation of the Supreme Court in connection with various issues concerning specific application of law in the decision of criminal cases on traffic accidents.the statement of responsibility for traffic accidents should be made by the traffic police department according to the specific analysis of the responsibility of the parties concerned.According to the current interpretation of the Supreme People’s Court on Several Issues concerning the specific application of law in the trial of criminal cases of traffic accidents,the statement of responsibility for traffic accidents should be made by the traffic police department It can be seen that in the crime of traffic accident,the victim and the perpetrator are responsible at the same time,and the fault of the victim can become an important factor in the conviction and sentencing of the perpetrator.It is not difficult to understand that the victim’s guilt is directly related to the perpetrator’s confession to the crime resulting from the car accident.However,during the trial,only in a few cases will the victim be convicted according to the conviction or non-conviction of the accused and the severity of the punishment.Therefore,a large part of the parties have disputes on the handling of the crime of causing traffic accidents.In addition,whether the court finds the fault of the victim or not is an important factor for the parties to appeal.According to the concept of the general public,the injured in the traffic accident crime is the vulnerable group,and the perpetrators are the heinous group.To a certain extent,this kind of social public values has caused adverse effects on the judicial practice.Therefore,in view of the application of the victim’s fault theory in the traffic accident crime in China,as well as the lack of legal rules and judicial practice,the author will discuss the victim’s fault in the traffic accident crime through the following three chapters,hoping to put forward constructive suggestions for the legal construction of the conviction and sentencing of the traffic accident crime involving the victim’s fault Legal advice.In this chapter,the author mainly uses the experimental analysis method to analyze the total number of traffic accidents and the number of traffic accident cases pending in court since 2014.The author gets the effect of errors using the relationship analysis method.Sacrifice and conviction for car accident in China.When the circumstances of the victim’s fault appear in the traffic accident,whether the influence of the victim’s fault is reflected in the conviction and sentencing or whether the existence of the victim’s fault is judicially recognized in the trial process.Through the analysis,the author found that since 2014,a total of 220 effective judgments of traffic accident cases,the victim’s fault has little impact on sentencing,In most cases,it is the fault of the victim that is the basis for the sole responsibility of the defendant.So the author of this chapter outlines why Majni’s guilt has little effect on the sentence and punishment of a traffic accident.There are many reasons,for example,that there are many legal and regulatory loopholes in China’s lawsuits.There are deviations in the concept of capacity;It is very difficult to get proof that a victim is guilty in a car crash.The existence of the above-mentioned problems leads to negligence on the part of the victim in the actual traffic accident crimes and even leads to the assignment of all kinds of crimes in a case.In this chapter,is article mainly presents the definition of the victim’s guilt in traffic accident crimes and provides a legal basis and appropriate justification for transferring the victim’s guilt to the position.This article introduces relevant concepts about the victim’s guilt in traffic crime,clarifies the boundary between the victim’s guilt and the victim’s guilt in the traffic crime.In view of the principle of the consistency of crime and punishment and the consistency of crime and responsibility in the criminal law of our country,we should make the protection of the legitimate interests of the defendants the principle and follow Lenin’s legal policy.This article introduces the legitimacy of hiding the victim’s guilt in a car accident and conspiracy conviction through the doctrine of shared responsibility and the doctrine of meiosis at the university.messa.Chapter 4 mainly introduces bills to improve the use of victims in traffic accidents.The author mainly assumes the provisions of the current legal system mixed with the current legal practice in China.and finally put forward the victim’s fault into the crime of traffic accident conviction and sentencing,in order to optimize the judicial practice of several legal measures.However,the author is clearly aware that only through the way of judicial optimization is difficult to solve the problems raised in this paper.In order to fundamentally improve the problem that the victim’s fault affects the conviction and sentencing of traffic accident crime,it needs to be carried out through legislation.Therefore,on the basis of studying China’s legal system,the author deeply analyzes the legal provisions of foreign countries on the victim’s fault affecting the conviction and sentencing of traffic accident crime,sums up the legal experience suitable for China’s reference,and puts forward legal suggestions on improving the relevant legal provisions of our country on the victim’s fault affecting the conviction and sentencing of traffic accident crime.