事故调查报告的实践检视及审查认定——基于557份案例实证分析

Practice review and verification of accident investigation report—Empirical analysis based on 557 cases

事故认定应当以事故调查报告为依据,虽然事故调查报告不在我国《刑事诉讼法》规定的法定证据种类之中,但随着《刑诉法解释》第101条规定的增加,解决了其在实践中能否作为证据使用的争议。为了确保事故调查报告在司法实践中得以准确适用,应当突破既往对事故调查报告的法定证据归属争论,以事故调查报告的实践样态为基础,明确事故调查报告的复合证据属性,并对事故调查报告的证据能力和证明力进行审查。

Accident identification should be based on the accident investigation report. Although the accident investigation report is not among the statutory evidence types stipulated in The Criminal Procedure Law of the People’s Republic of China, with the addition of Article 101 of the Interpretation of the Criminal Procedure Law, the controversy over whether it can be used as evidence in practice has been resolved. In order to ensure the accurate application of accident investigation reports in judicial practice, it is necessary to break through the previous disputes over the attribution of accident investigation reports as statutory evidence, clarifying the compound evidence attribute of accident investigation report based on the practice mode of accident investigation report, and to review the competency of evidence and probative force of the accident investigation report.