On The Application Of Accident Investigation Report In Criminal Proceedings

On January 27,2021,the Supreme People’s Procuratorate held a news conference on the theme of safety in production,informing the relevant data of criminal cases endangering production safety.From January 2017 to December 2020,the whole nation procuratorial organs conducted 3923 criminal cases endangering production safety(11 charges involved in articles 131 to 139 of the Criminal law),6934 people,of which the Crime of above accountability blow is the best important accusation,accounting for added than 80% every year.In the identification of the abomination of abominably causing a austere accident,the accident investigation report plays an important role in identifying the facts of the case.It is often used as the key evidence of the identification of accident responsibility in the criminal prosecution of negligently causing serious accident crime cases.The approved accident investigation report will have appropriate consequences for the counterpart.The accident investigation report is accurate,objective,fair and standardized,which is of great significance for safeguarding the legitimate rights and interests of relevant responsible persons in the identification of negligently causing serious accident crime and reflecting legal fairness and justice.According to the regulations on the reporting,analysis and administration of assembly assurance accidents,the People’s Governments at or aloft the canton akin shall adapt the analysis of the causes,identify the accident,the losses caused and the division of responsibilities of relevant responsible persons according to law,to form an investigation report.The part of the accident investigation report that can be mutually verified in combination with other evidence of the case can be used as the basis for the determination of responsibility.The accident investigation report has been widely used in judicial practice before the new Interpretation of Criminal Procedure Law in 2021 affirmed its evidence qualification.The accident investigation report not only records objective facts,but also includes the subjective handling opinions of the accident investigation team.Although Article101 of the Interpretation of Bent Procedure Law defines the accepted of its affirmation ability,its affirmation adeptness as bent affirmation is still questioned,because most of the contents in the accident investigation report involve relevant verbal evidence,inference and processing on objective information,Whether to take it as an important evidence to determine the facts of the case is becoming more and more argument.At the same time,the procuratorate did not identify the type of criminal investigation and judgment of the accident,and did not identify the type of criminal investigation report and judgment of the court.Through the analysis and research of 55 non prosecution decisions,82 prosecution decisions of the Procuratorate,and160 judgments of the court,It is found that the judicial organ’s excessive reliance on the accident investigation report will affect the litigation efficiency.At the same time,it is not clear what kind of criminal evidence the accident investigation report belongs to is also needs to be clarified.Taking the identification of the negligently causing serious accident crime as the starting point,this paper discusses the appliance of blow analysis address in bent affairs from bristles aspects.The aboriginal allotment summarizes the accepted bearings of administrative convenience of blow analysis address as bent evidence and the problems existing in its application as criminal evidence by analyzing nearly 300 judicial documents.The second part discusses whether the judicial authorities rely too much on the investigation report of production safety accidents in the process of identifying negligently causing serious accident crime.The third allotment added clarifies the attributes of the blow analysis report,and then discusses its evidence types.The accident investigation report has the characteristics of both verbal evidence and physical evidence,Judicial practice often classifies the accident investigation report into documentary evidence or expert opinion.The fourth part raises questions about the substantive examination of accident investigation reports by judicial organs in criminal proceedings.Whether the investigation and reporting procedures,evidence defects,reporting entities,etc.are reviewed.The fifth allotment puts advanced some suggestions to advance the appliance of blow analysis address in bent procedure.