交通事故责任书不能直接确认交通肇事罪——以交通事故当事人逃逸刑事责任认定为切入

Road Accident Responsibility Book Can not Directly Determine Traffic Accident Crime——On View of the Confirmation of Criminal Responsibility for the Escaping Party during the Traffic Accident

在交通事故处理中,公安交警部门制作的交通事故责任书对事故当事人的刑事责任的认定具有重大的影响意义。但是由于在交通事故责任书中存在着一定程度的司法推定,刑事法官不能将其作为确认交通肇事罪的直接依据,当事人的违章和事故之间有无因果关系必须查清,这一点对于交通事故后当事人逃逸的刑事责任的认定来讲尤为如此。

For the handling of road accident, the road responsibility book made by traffic police branch of public security department has important effect to confirmation of criminal responsibility of accident interested party. But there exists certain degree judiciary deduce in the road accident responsibility, the criminal judge can not look on it as the direct basis affirming traffic accident crime. Causal relationship between personnel＇ s breaking rules and regulations and accident must be made clear by investigation, which is especially important to the determination of criminal responsibility for the escaping party.