连环车祸中交通肇事责任如何区分——论刑事责任认定中异常介入因素对因果关系的判断

Responsibility Distinction in Chain Traffic Accidents——Causality Cutting off by Abnormal Factors Involved in Criminal Identification

驾车碰撞致人倒地后被他车碾压死亡,因介入了第三方的碾压行为,在此情况下先前行为与危害结果是否存在刑法上的因果关系,关键在于考查第三方行为这一介入因素的异常性大小,如果介入因素的出现并不异常或者异常性较小,那么先前行为与危害结果便存在着高概率的刑法因果关系,反之则介入的异常因素将切断先前行为与危害结果之间的刑法因果关系。

In the situation that a person was hit by a vehicle and then was crushed by another vehicle and died,it is very difficult to judge weather there is a criminal causality between the previous hitting and the final death or not.Because of the abnormal intervention of another vehicle’s crushing,the key of criminal identification lies in the intervention factor.If the intervention factor is normal or the factor’s abnormality is very light,there should be a criminal causality between the previous hitting and the final death.Otherwise,the abnormal intervention factor will cut off the criminal causality between the previous hitting and the final death