岳宝华交通肇事逃逸案评析

发布时间：2019-06-27 09:28

【摘要】：岳宝华案是一起涉嫌触犯交通肇事罪的道路交通安全事故。岳宝华案定性问题、间接证据的使用问题以及当事人责任承担问题是解决此案的关键。岳宝华案当属交通责任事故、交通意外事故还是交通肇事逃逸是事故得以正确处理的关键。当事人岳宝华的陈述是此案唯一的直接证据。由于此案的证人都非直接目击证人，故九名证人的证言属间接证据。间接证据还包括三个检验报告、三个鉴定文书。案发后侦查部门组织的侦查实验的结果的证据资格问题，有应作为间接证据在此案使用和应排除出此案证据范围两种截然不同的观点。对此案证据的综合证明力也有两种观点：一是直接证据与间接证据相互印证说；二是直接证据与间接证据综合证明力不够说。相关部门、当事人及当事人的近亲属对肇事人岳宝华的责任承担问题争议也大，主要存在主要责任说、全部责任说、负不超过10%的赔偿责任说以及无责任说四种观点。我国交通立法意义上的交通肇事逃逸的主观过错必须是故意，客观上为了逃避救助义务和法律责任实施了逃离事故现场的行为。肇事人岳宝华在明知发生了交通事故后，以未查看到被撞击物体并怀疑是意欲抢劫之人设置的障碍物为由驶离事故现场，并一直未报案，，其行为当属交通肇事逃逸。此案的侦查实验结果因具有证据的所有特征，审查后可直接作为间接证据使用。岳宝华案已有的直接证据与间接证据能排他性地证明嫌疑人岳宝华的肇事行为以及卞晓晓对此次事故过错和过错程度,岳宝华负事故的主要责任，卞晓晓负事故的次要责任。
[Abstract]:Yuebaohua case is a road traffic safety accident suspected of committing traffic accident. The qualitative problem of Yuebaohua case, the use of indirect evidence and the responsibility of the parties are the key to solve the case. Yuebaohua case is a traffic responsibility accident, and traffic accident or hit-and-run is the key to deal with the accident correctly. Yue Baohua's statement is the only direct evidence in the case. Since none of the witnesses in the case were direct witnesses, the testimony of nine witnesses was indirect evidence. Indirect evidence also includes three test reports and three identification documents. There are two different viewpoints that should be used as indirect evidence in this case and the scope of evidence in this case should be excluded from the evidence qualification of the results of the investigation experiment organized by the investigation department after the case. There are also two viewpoints on the comprehensive proof power of the evidence in this case: one is that the direct evidence and the indirect evidence confirm each other; the other is that the comprehensive proof power of the direct evidence and the indirect evidence is not enough. The relevant departments, the parties and their close relatives are also controversial over the responsibility of Yue Baohua, the perpetrator. There are four main points of view: the theory of full liability, the theory of liability of not more than 10%, and the theory of no liability. The subjective fault of traffic hit-and-run in the sense of traffic legislation in our country must be intentional. Objectively, in order to evade the obligation of rescue and legal responsibility, the behavior of escaping from the scene of the accident has been carried out. After knowing that a traffic accident had occurred, Yue Baohua, the perpetrator, left the scene of the accident on the grounds that he had not seen the object hit and suspected that it was an obstacle set up by the person who wanted to rob him, and had not reported it, and his behavior should be a traffic hit-and-run. The results of the investigation experiment in this case can be used as indirect evidence directly after examination because of all the characteristics of the evidence. The existing direct evidence and indirect evidence in Yuebaohua case can prove the suspect Yuebaohua's accident behavior and Bian Xiaoxiao's fault and fault degree, Yue Baohua bears the main responsibility of the accident, and Bian Xiaoxiao bears the secondary responsibility of the accident.
【学位授予单位】：湖南大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D924.3;D920.5

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