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随着汽车工业的发达,全国公路网的扩张,道路交通在中国经济社会发展中的地位愈来愈重要。与之相应,道路交通事故频发,极大地困扰着社会治理。2012年,《国务院关于加强道路交通安全工作的意见》提出的治理思路之一,就是要落实责任追究,强化责任主体的责任意识。在各类法律责任中,刑事责任最为严厉,对责任主体的影响极大,但在实践中,道路交通事故的刑事责任追究却存在着“重现场责任、轻源头责任”“重行为责任、轻监督责任”的问题。为了从源头上有效防治道路交通事故,规范监管者的监督职责,本文力图厘定道路交通事故之因果关系,在此基础上运用刑事归责原理分析确定原因设定行为者的具体刑事责任,以供相关部门参考、借鉴。
With the development of the automobile industry and the expansion of the national road network, the role of road traffic in China’s economic and social development has become increasingly important. Correspondingly, frequent road traffic accidents have greatly plagued social governance. In 2012, one of the governance ideas put forward in the “Opinions of the State Council on Strengthening Road Traffic Safety Work” is to fulfill the responsibility investigation and strengthen the sense of responsibility of the responsible parties. Among all kinds of legal responsibilities, criminal responsibility is the most severe and has a great impact on the main body of responsibility. However, in practice, there are still some problems in the investigation of criminal liability for road traffic accidents, such as “re-establishing responsibility, light source responsibility” Responsibility, light supervision responsibility "issue. In order to effectively prevent and deal with road accidents from the source and regulate the supervisory responsibilities of regulators, this paper seeks to determine the causal relationship of road traffic accidents, on the basis of which the principle of criminal responsibility is used to analyze and determine the specific criminal responsibility of the reason setting actors for Related departments for reference.