In order to further improve the road traffic safety management in the area and fully prevent the occurrence of serious road traffic accidents in winter, Tahe Traffic Police Brigade carefully organized and arranged, based on the actual road traffic in the area, strengthened analysis and judgment, and took effective measures to do a good job in road traffic safety management in low temperature, snow and fog in winter, creating a safe and smooth road traffic environment for the masses.
Unify team thinking and improve the level of understanding. The brigade held a meeting of all police officers and auxiliary police officers to convey and implement the spirit of the meeting of public security organs at higher levels to prevent road traffic accidents, and asked all police officers to earnestly enhance their sense of responsibility, mission and urgency, earnestly strengthen their understanding of the importance of road traffic safety management in snowy and foggy weather, further unify their thinking, resolutely put an end to lax mood and paralysis, and take road traffic safety management in winter as the current key work. Comprehensive analysis, formulate and improve the bad weather traffic management work plan, and ensure that the corresponding traffic control measures can be taken scientifically, calmly and orderly when encountering special circumstances. Strictly guard against serious traffic accidents in the jurisdiction.
Strengthen road inspection and increase control. According to the characteristics of road traffic in the jurisdiction, combined with the changes of road conditions and weather in the jurisdiction, the brigade timely adjusted the deployment of police force, implemented the "four-fixed and four-package" service system, and adopted a combination of fixed-point patrol and mobile patrol to increase the patrol control of accident-prone sections and "three temporary" sections, and increased the patrol control of Jiamo Highway and Provincial Highway. Strengthen the inspection of key vehicles such as large and medium-sized passenger cars, freight vehicles and dangerous chemicals vehicles, adopt the principle of heavier punishment for traffic offenders seized, deal with them according to law with sufficient existing legal means, and prevent serious traffic accidents to the maximum extent without eliminating hidden dangers and educating offenders.
Comprehensively investigate hidden dangers and do our best to prevent them. Combined with the actual situation of road and weather changes in the jurisdiction, the brigade organized the police to conduct a comprehensive inspection, especially focusing on the problems such as damaged guardrail, missing signs and unclear markings. , and immediately contact the traffic, urban construction and other units in the jurisdiction to repair the signs to ensure that the traffic signs and markings are in good condition. Conduct a comprehensive investigation of key road sections with traffic safety hazards, report the identified traffic hazards to the higher authorities in time, and make timely treatment to ensure road traffic safety. Up to now, three traffic signs have been added, and the Xiufeng section of Jiamo Highway 1 Binghu has been rectified.
Enrich the forms of publicity and do a good job in publicity and education. This brigade further strengthened the propaganda of traffic safety positions and intensified the propaganda of traffic safety positions. While regularly carrying out traffic safety education in enterprises, institutions and schools, give full play to the role of TV stations, publish typical accident cases and travel safety tips through TV subtitles, mobile phone text messages, electronic publicity screens of police cars, and carry out peer-to-peer publicity to remind people and drivers in their jurisdictions to abandon uncivilized driving behavior and consciously abide by road traffic laws and regulations. As one of the evidences of traffic accident crime and dangerous driving crime, the traffic accident certificate has an important influence on the conviction and sentencing of traffic accident crime and dangerous driving crime. China's Criminal Procedure Law stipulates eight types of evidence. In different criminal cases, different types of evidence have different probative power to facts, and different types of evidence review methods are also different. Using the method of reviewing documentary evidence stipulated by law to review expert opinions may affect conviction and sentencing because the evidence review is illegal. Therefore, it is of great significance to distinguish the types of criminal evidence in the traffic accident certificate.
First, there are differences on what kind of criminal evidence the traffic accident certificate belongs to.
There are two views on what kind of criminal evidence the traffic accident certificate belongs to in judicial practice:
The first view is that it belongs to expert opinion. People who hold this view believe that the traffic accident certificate is a professional conclusion drawn by the traffic police on the basis of on-site inspection and other evidence by combining their own professional knowledge. This view is mainly accepted by the traffic management department. When the traffic police issue a traffic accident certificate, they directly write "appraisal opinions" in the column of accident cause analysis in the certificate. When the case suspected of traffic accident crime or dangerous driving crime is transferred for review and prosecution, they also put the traffic accident certificate in the appraisal opinions.
The second view is that it belongs to documentary evidence. The traffic accident certificate proves the relevant facts of the case with its recorded contents, which belongs to official documents and documentary evidence and has stronger probative force than other documentary evidence. Most prosecutors hold this view and will review the identification of traffic accidents by reviewing documentary evidence when reviewing the facts of the case. However, in order to avoid disputes, it was not included in the documentary evidence in the indictment when it was transferred for prosecution, but was included as evidence after expert opinions.
Second, the type analysis of criminal evidence in the traffic accident certificate.
1. From the analysis of the main body of the traffic accident certificate
The producer of the Confirmation of Communication Accidents is not qualified as an appraiser. According to the provisions of Articles 2 and 3 of the Procedures for Handling Road Traffic Accidents, the identification of traffic accidents can only be carried out by specific personnel of the traffic management department of the public security organ. The specific personnel must be traffic policemen with more than 2 years of road traffic management experience, who have passed the training and examination by the traffic management department of the public security organ of the provincial people's government and obtained the qualification certificate for handling traffic accidents. Although the traffic police who do the traffic accident certificate have certain professionalism, they can't be regarded as appraisers. The appraiser must be a person with legal qualifications, registered according to law and engaged in appraisal business in an appraisal group. The appraisers are divided into the following three types: (1) professionals engaged in full-time appraisal work in public security and judicial organs; (2) Staff of specialized authentication institutions other than public security and judicial organs; (3) Persons who are temporarily employed by the public security and judicial organs, identify the controversial special issues in the case and write expert opinions, but are still engaged in their own work. Like a psychiatrist. A traffic policeman with a traffic accident handling qualification certificate does not belong to any of the above three kinds of people.
The reason why traffic safety laws and regulations put forward special requirements for police officers who make traffic accident certificates is to hope that the certificates they make are more in line with the real situation. Just as judges and prosecutors need certain qualifications. In the process of handling criminal cases, most traffic policemen who make traffic accident books are also investigators of the cases. Although the law of our country stipulates that investigators can become witnesses under special circumstances, it does not mean that investigators can also become expert witnesses of cases and participate in criminal proceedings.
2. From the content analysis of the traffic accident certificate.
The contents of the traffic accident certificate are different from the appraisal opinions. The contents of traffic accident identification mainly include the following parts: (1) basic information; (2) The accident happened; (3) accident evidence and cause; (4) the fault and responsibility of the parties to the traffic accident or the cause of the accident.
(1) Cause of the accident
Among the accident evidence and accident cause, the traffic police first listed the accident evidence, and then wrote the Appraisal Opinion according to the accident evidence. The evidence for making this Appraisal Opinion mainly includes the statements of the parties, witness testimony, on-site investigation, other injury appraisal opinions and autopsy reports, and the cause of the accident is obtained by comprehensive analysis of these evidences. There is a difference between the whole process of proof and the process of forming real expert opinions. Appraisal opinions require people with professional knowledge to express their opinions on professional issues, and people without professional knowledge cannot do it. Normal people can also analyze the causes of traffic accidents, but the analysis results may not be more in line with the facts like experienced traffic police.
(2) the basis of accident responsibility.
The result of the identification of the fault and responsibility of the parties in the "Traffic Accident Confirmation" determines that it has no expert opinion. The traffic police determine the responsibilities of the parties according to traffic safety laws and regulations. Traffic safety laws and regulations are legal norms formulated by the state to regulate traffic behavior and reflect the will of the ruling class, and must have subjective consciousness. Appraisal opinions must be based on certain scientific achievements, objective laws or objective facts, and not on people's subjective consciousness. Article 92 of the Detailed Rules for the Implementation of the Road Traffic Safety Law stipulates that "if a party escapes after a traffic accident, the escaping party shall bear all the responsibilities". This article reflects this. In order to curb escape behavior, laws and regulations stipulate that no matter what the cause of the accident, as long as there is escape behavior, it is necessary to bear full responsibility. This is inconsistent with the objectivity of the basis of the appraisal opinion.
3. Analysis on the behavior nature of traffic accident identification.
Whether the traffic accident certificate issued by the traffic management department of the public security organ belongs to a specific administrative act is inconclusive in theory and practice. Some people think it is administrative confirmation in specific administrative acts; Others think that only the opinions expressed by the administrative organs on a certain issue are not binding on the parties. Legislators' identification of the behavior nature of the traffic accident certificate has also changed. 1992 "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China (repealed)" stipulates: "If a party refuses to accept the determination of traffic accident responsibility, he may apply to the public security organ at the next higher level for re-determination within 15 days after receiving the confirmation of traffic accident responsibility." Article 51 of the Regulations on Handling Procedures of Road Traffic Accidents, which was implemented in 2009, stipulates: "If a party has any objection to the identification of road traffic accidents, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of service of the identification of road traffic accidents." During the 30-3 day objection period, the validity of the traffic accident certificate is weakening, and the higher authorities also have legal authority over the certificate. At the same time, after this period of time, the parties can no longer raise objections to the traffic accident certificate. In the appraisal opinion, if you are not satisfied with the appraisal opinion, you may apply for re-appraisal. The re-appraisal unit and the original appraisal unit are not necessarily under administrative subordination, and the time for applying for re-appraisal is only before the effective judgment. Whether the act of making a traffic accident certificate belongs to a specific administrative act, the traffic accident certificate is not an expert opinion.
Three, how to review the probative force of the traffic accident certificate in criminal cases in judicial practice.
According to the above analysis, the traffic accident confirmation should be a kind of documentary evidence in criminal proceedings, because its production organization is a kind of documentary evidence, which has higher probative force than other documentary evidence, but it must also be reviewed in the way of reviewing documentary evidence when determining facts. The following questions should be paid attention to when reviewing the traffic accident certificate:
1. Is the responsibility identified in the traffic accident certificate the responsibility of direct conviction and sentencing?
The crime of causing traffic accidents includes two elements: heavy personal or property losses and accident liability. This is clearly stipulated in the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accident Crimes in 2000, but the expression of "taking the main responsibility for the accident" in this interpretation does not directly point to the responsibility determination in the traffic accident confirmation book. In practice, some case examiners directly identify the responsibility result identified in the traffic accident certificate as the responsibility in the judicial interpretation, and accordingly convict and sentence the criminal suspect and defendant. This practice obviously violates the relevant provisions of China's criminal procedure law on evidence review. Moreover, Article 27 of the Supreme People's Court 20 12 "Interpretation on Several Issues Concerning the Application of Laws in the Trial of Cases of Compensation for Road Traffic Accidents" stipulates that "the people's court shall examine and confirm the corresponding probative force of the traffic accident certificate made by the traffic management department of the public security organ according to law, unless there is evidence to the contrary." In civil proceedings, it is still necessary to review and confirm its corresponding probative force, not to mention in criminal proceedings where the evidence review is more stringent. Therefore, the responsibility identification in the traffic accident identification book cannot be directly used as the conviction responsibility and sentencing responsibility in the traffic accident crime and dangerous driving crime.
2. How to review the traffic accident certificate when reviewing the prosecution?
Review all the evidence to eliminate reasonable doubt. The process of traffic police making traffic accident identification is similar to the process of public prosecutor's examination and prosecution. They all use their professional knowledge, analyze all kinds of evidence and make corresponding results. The police are responsible for the accident, and the public prosecutor is responsible for deciding whether to prosecute. Only the requirements and basis are different, the public prosecutor should be more cautious and strict when examining and prosecuting, and it is based on criminal laws and regulations. However, the evidence on which the responsibility is determined is basically the same, just because the procedures are different, such as the parties in the traffic accident determination, but the suspects and victims in the prosecution are examined. C is used to replace the responsibility result identified by the public prosecutor, B is used to replace the traffic accident identification result, and A is used to replace the evidence on which it is based. The process for the traffic police to get the result is that A gets B, and the process for the public prosecutor to get the responsibility result is that A+B gets C. After getting the responsibility result, the public prosecutor will combine other evidence, such as whether the criminal suspect has reached the legal age of responsibility, to determine whether the criminal suspect constitutes the result of a traffic accident. Therefore, it is required to conduct a comprehensive review when handling suspected traffic accident cases.
First, review all the evidence except the traffic accident certificate. According to the confession of the criminal suspect, the statement of the victim and the testimony of the witness, the accident situation is compared with the scene map made by the public security organ during the on-site inspection, so as to restore the accident process and analyze the cause of the accident. Secondly, the analysis results are compared with the cause of the accident in the traffic accident certificate. If the reasons are inconsistent, the relevant evidence shall be re-examined, and investigation experiments may be applied when necessary. Finally, review the legal provisions on which the responsibility determination in traffic accident identification is based, and if it is based on general laws and regulations that conform to traffic safety and common sense of transportation, it should be determined that the result of responsibility determination is accurate; If it is a legal provision based on negative judgment of special behavior, such as the provision of taking full responsibility for accidents when escaping, it is necessary to comprehensively analyze the actual situation and draw reasonable conclusions.
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