"Car solid line becomes admittedly responsible before, but hind the car did not undertake to what holding spring safety is secured, responsibility is not little also, look from the influence to the result, maintain compare for coequal responsibility appropriate. " after examining monitoring kinescope and records data, expert of management board of traffic of province Public Security Department made judgement very quickly by right of old experience, mood certainly, a stone in inquisitor Wang Chengxin is fell the ground.
Wang Cheng is procuratorate of area of Changzhou city belfry the inquisitor of a specified number of personnel of punishment check branch, recently, he encountered case of stubborn traffic cause trouble one case.
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The accident fell that day midday, driver Xu Mou drives heavy-duty hang tractor to be in process of travel of straight travel driveway partly, the car before discovery is abrupt solid line changes, although front-wheel drive firm line ball sails,answered former driveway, but when be late already. Xu Mou was the car before avoiding to step on scram, inopportune is, 135 pieces of some gross weight carry on the car 32.5 tons of armor plate did not undertake safety is secured, because inertial and forward slip break through cab, cause Xu Mou to die on the spot, copilot suffers serious injury.
The road transportation accident that hands in tubal branch to issue maintains a book, solid line of car driver Zhang Mou changes to should assume the main responsibility of the accident before, car driver Xu Mou assumes the less important responsibility of the accident after, because Zhang Mou is suspected of blame of traffic cause trouble be being moved to send belfry area procuratorate to examine sue.
Examine records data, wang Cheng maintained a book to make several question mark to responsibility of this traffic accident. Armor plate did not undertake safety is secured attribute great and safe hidden trouble, urgent apply the brake can produce serious consequence necessarily, how many responsibility should car driver assume after all after? Hold a book according to this responsibility, change solid line to break through cab to send the main reason that the person dies as armor plate below the circumstance that did not collide, such causal whether deviate normal?
Taking these issues, the circumstance of Zhang Mou of driver of the car before union is interrogatory, wang Cheng refers the case joint meeting of inquisitor of specified number of personnel discuss. The opinion that joins inquisitor of membership specified number agrees basically, all think traffic accident responsibility maintains the conclusion misgivings of the book, before car driver and hind the happening that the illegal fault behavior of car driver caused grave accident jointly, both act effect is sizable, ought to assume coequal responsibility.
"Once maintain,be coequal responsibility, this will be criminal case no longer, is the traffic accident with one common picket only, before car driver Zhang Mou will not sue processing because of doing not have guilty fact be made. " realize accident responsibility is maintained will matter to Zhang Mou to whether make crime directly, wang Cheng is more careful. Below the support that leads in courtyard of be assigned personal responsibility for, wang Cheng is driven go to Nanjing, the expert that holds a respect to responsibility of accident of management board of traffic of Jiangsu province Public Security Department on a special trip asks for advice. The professional opinion that the expert gives out, farther aggrandizement Wang Cheng's heart believes firmly.
Final, wang Cheng put forward to make the opinion that does not sue absolutely to Zhang Mou to procuratorial work committee, obtained check appoint the accord that meets a committee member is passed.
"The litigant system reform that the processing of this case reflected procuratorial work mechanism to suit actively to be a center in order to rule, strengthen evidence to be examined objectively in the round those who apply is active as. " in chief procurator of belfry area procuratorate Gao Xuming looks, action filters before developing careful adequately, let innocent person do not suffer criminal to find out, it is procuratorial work mechanism stands fast legal bottom line, dare to supervise, the responsibility that is good at supervising and take on.
