交通肇事罪的责任认定之问题研究

Research on the Responsibility Determination of Traffic Accident Crime

最高人民法院公布的《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》第2条第2款将交通事故责任规定为交通肇事罪的成立的前置条件,将行政责任认定作为一个罪名成立的前提基础。不应将交通事故认定书所载的当事人责任不加审查地直接作为交通肇事罪的定案依据,更不应当模糊行政责任和刑事责任的界限。追求行政效率的行政责任认定介入到以正义为核心的刑事责任认定,必然会破坏交通肇事罪的犯罪构成的独立性和完整性,降低司法正义价值的优位性,不利于对交通肇事罪的公正处理。解决问题的途径是删除《解释》中规定的前置条件,交通肇事罪的成立应当独立判断,满足其犯罪构成要求,符合罪刑法定原则。

The Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents, published by the Supreme People’s Court, stipulates in Article 2, Paragraph 2, that traffic accident liability is a prerequisite for the establishment of traffic accident crimes, and administrative responsibility is recognized as a prerequisite for the establishment of a crime. The responsibility of the parties contained in the traffic accident confirmation report should not be taken as the basis for the determination of the crime of traffic accident without review, and the boundary between administrative responsibility and criminal responsibility should not be blurred. The determination of administrative responsibility in pursuit of administrative efficiency is involved in the determination of criminal responsibility with justice as the core, which will inevitably destroy the independence and integrity of the crime constitution of traffic accident crime, reduce the primacy of judicial justice value, and not conducive to the fair treatment of traffic accident crime. The way to solve the problem is to delete the preconditions stipulated in the Interpretation, and the establishment of the crime of traffic accident should be judged independently, meet the requirements of its crime constitution, and conform to the principle of statutory punishment.