Study on the Relationship between Identification of Traffic Accident and Traffic Accident Criminal in China

The relationship between identification of traffic accident and traffic accident criminal has always been a focus of controversy in Chinese academic circle,after Judicial Interpretation of the Supreme People's Court on specific legal issues in handling the trial of criminal cases of traffic accident been issued. It clearly regulates that distinguishing accident liability should be the basis for the identification of traffic accident criminal,which cause wide spread discussion. In order to further clarify their relationship,this paper begins with nature of identification of traffic accident,makes clear its effect during the identification of traffic accident criminal through analysis of two aspects,the constitution of crime and criminal responsibility,then the traffic accidents cases could be resolved reasonably.