What is the difference between traffic accident and traffic accident crime?

If people violate traffic rules and drive dangerously when driving, it may happen Traffic accident , resulting in loss of personnel and property. The driver who caused the accident shall be liable for compensation. The specific compensation scheme shall be determined according to the responsibility identification letter issued by the traffic police department. But in our country criminal law Middle, and Traffic accident crime this charge 。 So, what is the difference between traffic accident and traffic accident crime? Now let's learn about it through this article.

1、 What is the difference between traffic accident and traffic accident crime?

The difference between traffic accident and traffic accident crime is as follows:

Traffic accident refers to casualties and property losses caused by collision, rolling, scraping, overturning, falling, explosion, fire, etc traffic accident In case of assuming corresponding responsibility for the accident, the traffic accident will bear corresponding civil liability Or criminal liability.

Traffic accident crime refers to violation of road traffic management statute , occurs Major traffic accidents , causing serious injury, death or heavy loss of public or private property, and being investigated for criminal responsibility according to law. Traffic accident crime is a crime of negligently endangering public security. According to the criminal law theory of our country, the establishment of any crime must have four constituent elements, namely, the object of crime, the objective aspect of crime, the subject of crime and the subjective aspect of crime. Therefore, we still use Constitution of crime The four elements of the theory to elaborate the characteristics of traffic accident crime. That is, whether the traffic accident behavior constitutes a traffic accident crime, the only criterion is the crime constitution of the crime.

2、 How to identify the crime of causing traffic accidents?

The key is to find out whether the perpetrator has subjective guilt, whether he has violated the traffic and transportation management regulations, and whether there is a causal relationship between the violation of traffic and transportation management regulations and major traffic accidents. If there is no illegal act or although there is an illegal act, there is no causal relationship. If the accident is caused solely by the victim's violation of traffic rules, jaywalking, or by natural factors, such as landslides, ground fissures, storms, floods, etc., then it should not be punished as this crime. Of course, the occurrence of an accident does not exclude that there may be multiple causes or other intervening factors. Here, it is more important to carefully analyze the role of the causes and their intervening behaviors in the occurrence of traffic accidents. Only when it is found out that there is a causal relationship between the violation and the perpetrator, can it be punished as this crime, otherwise, it should not be punished as this crime and criminal responsibility should not be investigated. For example, after overtaking at a high speed, the perpetrator suddenly found that someone was crossing the road dozens of meters in front of him. He turned the steering wheel to try to avoid pedestrians, but the car rushed into the sidewalk due to the speed being too fast, causing serious injuries to others. At this time, pedestrian crossing the road as an intervention factor is only the condition of the case, and the real cause of the accident is violation of regulations speeding Driving, therefore, it should be recognized that there is a causal relationship between the behavior and the result, which can constitute this crime.

To sum up, a traffic accident is an incident in which people are injured and property is lost due to collision, scratching, fire, etc. during driving. Not all traffic accidents constitute crimes. Only when the conditions for conviction are met, the public security organ will commit a traffic accident crime Filing a case 。 The distinction between traffic accident and traffic accident crime mainly depends on whether the actor is out of subjective malice, causes serious consequences, and violates legal provisions.