Recently, on the occasion of the 20th anniversary of the promulgation and implementation of the Road Traffic Safety Law, the "Road Traffic Integration" Rapid Adjudication Tribunal of Chongchuan Court held a court session to hear a case of dispute over the responsibility for a pedestrian and vehicle accident in the community and a case of dangerous driving crime, and invited representatives of the National People's Congress from various fields such as authorities, communities and hospitals to attend the trial. After the end of the trial, the NPC deputies jointly reviewed the case dispute, and the work of "integration of justice, transportation, criminal and civil affairs" was highly recognized by the NPC deputies.

The collision between "safety" and "responsibility" at the scene of the trial

For civil infringement cases that have been heard first, the trial team has issued case briefs to NPC deputies in advance. During the court trial, Judge Gu Bin organized the adduction and cross examination of evidence on the facts and responsibilities of the accident that the plaintiff and the defendant disputed greatly, played the monitoring video of the incident in the court, guided both parties to fully express their defense opinions, and vividly displayed the details of the accident case to the public, so as to facilitate the NPC representatives to supervise and evaluate the trial procedure and substantive issues.

After the civil trial, Gu Bin immediately applied the criminal expedited adjudication procedure to conduct a public trial on the case of the defendant Gao, who was suspected of committing the crime of dangerous driving. After fully listening to the public prosecution opinions and the defendant's statements, he made a guilty judgment on the court based on the principle of both the old and the light and applied a reprieve. In order to implement the criminal policy of tempering justice with mercy and improve the warning degree of drunk drivers on their own behavior risks, the court forced the defendants to watch drunk driving warning educational films after the sentence was pronounced, and the representatives watched it together.

Hot discussion on responsibility determination and suggestions on the future of "integration"

A forum was held immediately after the trial, where members of the "criminal civil integration" trial team and NPC representatives jointly reviewed the controversial issues of civil cases.

Considering that the dispute over the liability of people and vehicles in the community is very controversial, the traffic accident in the community has its particularity, the cause of the accident is mixed with specific life facts, and the dispute case type has universal demonstration significance and other factors, the "road traffic integration" speed adjudication court selected this case to submit it to the NPC representatives, And substantially accept the representative review and even take the review results as an important basis for judgment.

Qiao Xuyang, the assistant judge, introduced the legal principle and judicial practice of traffic accidents in the community referring to traffic laws and regulations, and analyzed the main considerations of the public security organ on the identification of accidents for the reference of the representatives. In combination with their own life knowledge and work experience, the representatives evaluated the rationality of the views and reasons of both parties from the respective positions of the plaintiff and the defendant, provided the trial team with empirical rationality beyond the scope of traffic laws and regulations, and provided a useful intellectual support and public opinion basis for judges to make judgments and determine responsibilities.

Gu Bin introduced the working mechanism, trial mode, personnel allocation, and highlight measures of the "integration of justice, criminal justice and civil affairs" to the NPC delegates, reported the application and working philosophy of the center's "doing practical things for the people" project, and solicited the delegates' opinions and suggestions on the above work.

Deputies to the National People's Congress have said that cases involving road traffic, criminal and civil cases are all related to road traffic. If they are collected in the same place for processing, handed over to the same trial team for trial, and judged by the same judge, they can better unify the scale of judicial adjudication and improve judicial efficiency; Insurance, traffic police, people's mediation and judicial adjudication are concentrated in an integrated center, which facilitates the determination of liability and dispute resolution of the parties involved in traffic accidents; One stop quick judgment of investigation, prosecution and trial makes justice come more timely.

The representatives fully affirmed the criminal civil integration mechanism explored by Chongchuan Court based on the specialized trial of road traffic, and hoped that our court would accumulate in time, be good at summarizing, and continue to innovate, so as to deepen and implement the cause of justice for the people and ensure people's livelihood.

In addition, the representatives also put forward pertinent suggestions and reminders on the trial work of the Center. Wang Tierong, Director of the Working Committee of the National People's Congress of Langshan Street Office, proposed that although the civil compensation situation has a direct impact on the criminal liability of dangerous driving crime, we should be careful not to spend money to buy punishment; Qian Wei, Deputy Director of the Personnel Representative Working Committee of the Standing Committee of the District People's Congress, said that the trial team of "road traffic criminal civil integration" shouldered two major types of cases in the whole district, with a large number of cases and a large responsibility, so it is necessary to ensure the quality of cases and give timely feedback when encountering problems.

The introduction of the representative review mechanism in this dispute case is of great benefit to the trial work, and can greatly enhance the social recognition and judicial credibility of the court decisions. In road traffic civil cases, there are many parties, including insurance companies, who disagree with the traffic police department's accident determination, and the proportion of liability is not clear at a glance. The trial team intends to normalize the NPC deputies' attendance and participation mechanism, strengthen communication and contact with NPC deputies, and enable judicial publicity and NPC supervision to achieve mutual assistance and win-win results.

In the next step, the rapid adjudication court of the Road Traffic Integration Center will continue to deeply practice the quick handling mechanism and comprehensive treatment measures after the implementation of the "two high and two drunk driving new regulations", and help build a higher level of safe Nantong.