The Research Of Traffic Accident Criminal Damage Compensation

For the traffic accident compensation for criminal damage, which emerged from perpetrator's criminal acts bring about victim's material losses, utterly different attitude from our country scholars: opponents considered it contrary to the principle of legality and equality of penalties; supporters argued that its contained value of restorative justice. I think Set up this system is the product of judicial practice in our country, and its existence with reasonable and worthy. However, scholar's research still remained the inflexible comparative of Chinese and foreign law, at the same time, thy had not been addressed by the judicial interpretation [2000] NO.33 of Supreme People's Court and backgrounds of criminal damages, and the type of research on foreign cases categorically apply the system of inference in the Criminal Code on the application of space is not rigorous.In this paper, through theoretical research and specification methods such as comparative study of the history, and dialysis through the depth of the explanation of the background of the traffic accident compensation for criminal damage by the administration of justice and the rule of law environments, tightly around the reality of our criminal legal system as well as the necessary characteristics of the traffic accident criminal penalty's rationality, in protection of victim and the opportunity to access self-redemption by the perpetrators, to claim this system is reasonable and to supply feasible pattern about assume responsibility of cross-liability, then thy to respond the criticism of that system violates the concept of penalty's equal justice. This article is structured as follows:First, try to summarize scholars' disputes focus on the traffic accident compensation, and to indicate my own position. Domestic scholars have three attitudes that is negation, affirmation and compromise. The focus of controversy whether the compensation mechanism used in the realization of the process of criminal responsibility. I believe that this system should be sure, the people in the sentence under the facts of the case cross criminal and civil relations, the responsibility to repair the path of full criminal responsibility system in China. Second, to demonstrate the existence of this value system based on rational. It's appears to follow the relevant legal background to solve crime; It's value for a particular crime is to victims of acts of protection and active restoration of the harm the social order to bridge the dimensions of the original criminal legislation and the effectiveness of the gap between the administration of justice; It's reflected its own criminal law and concept of restorative justice; academic study of this system should address the characteristics of an inherently the case of traffic accident; learn from the experience of the West should be fully aware that behind the criminal law system and social norms recognize the inherent power to reconcile, we can not blindly than the similarity of the law.Third, try to improve this system by providing recommendations. The system should to meet the "interpretation" of the conditions; in the course of judicial compensation, the perpetrator, the victim role should be clear; can try to introduce the regular payment of compensation patterns and limit the administrative responsibility of driving under the penalty eligible, to resolve the different situation of the rich and the poor.Finally, further try to answer the torture of the system's separation on equality and justice by the vision of facts - the value - the logic.