道路交通事故责任与交通肇事罪——兼论信赖原则在交通肇事罪中的适用

Traffic accident responsibility and traffic accident crime——and the reliant principle in the traffic accident crime are suitable

《最高人民法院关于审理交通肇事刑事案件具体应用法律若干问题的解释》,将《刑法》第133条修正为将责任认定作为交通肇事罪的构成要件,其理论渊源是信赖原则的具体应用。针对目前责任认定存在由公安机关主导,法院的审判成为走过场的程序性活动的弊端,在办理交通肇事案件中,可由公安机关作出交通事故成因分析意见书而无须作出事故责任认定书,对交通事故责任的认定由法院结合其他证据与具体案情来具体认定。

The Supreme People＇s Court explanation of using several questions of law about handling of criminal case of the traffic accident, Regarded as the composition important document with guilty traffic accident to revise article 133 of criminal law in order to assert responsibility, Its theory origin is concrete application of the reliant principle. Assert to the responsibility at present that is dominated by the public security organ, the trial of the court becomes the drawback of procedural activity of going through the motions, can be made the origin cause of formation of traffic accident by the public security organ and the opinion book analyzed and needn＇t make accident responsibility book in handling the traffic accident case, asserting that the court combines other evidences and concrete details of the case to assert concretely to traffic accident responsibility.