The Research On The Related Problems Of The Traffic Accident Criminal Reconciliation

In recent years, with the implementation of the criminal policy of combining punishment with leniency and the putting forward theory of a harmonious society, China has started the implementation of the criminal settlement system. During the procedure of continuous exploration, the Traffic Accident called as the King of criminal negligence, for which the offender’s subjective evil is relatively small, has become the main object of the criminal settlement system. When a traffic accident crime occurs, with the help of professional organizations or professionals, this system allows the offender and the victim to consult and negotiate directly. If the offender repents sincerely and obtains the understanding of the victim under the condition of compensation for losses and apology, after being examined and approved, the state judicial organs can take legal action to the offender in accordance with the terms of reference. The subject scope involved in the criminal reconciliation, the involvement necessary for the third-party and the functional role of the judicial authority are the major elements for the criminal settlement system. Traffic Accident Criminal Reconciliation is a discretionary sentencing litigation activity which provides a method to dispute solution. As an effective social innovation management mode which is used to easing social conflicts, the Traffic Accident Criminal Reconciliation fits with the theory of criminal law of our country, integrates with the legal environment and coincides with the requirement of diversification interests and the construction of a harmonious society. This system benefits the saving of judicial resources and reflects the modesty of restraining criminal law. Besides the functions of keeping social justice and guaranteeing the rights and obligations of the offender and victim, the Traffic Accident Criminal Reconciliation helps to maximum safeguard social stability and to better achieve the social management role of the criminal law, and it is the inevitable development trend of the criminal procedure. What’s more, on the basis of guaranteeing the faire and justice, this system embodies the respects for human rights, facts and rules of law, which fully explains the necessity and legitimacy of its existence.During the process of dealing with the traffic accident in our country, at present, some problems exist, including the uncertainty range of applications, related system is imperfect, simplify the procedure, abuse of rights and so on, due to the limitation of traditional social cognitive view and lack of reconciliation system and procedure. The existence of these problems greatly damages the judicial fairness and justice, restricted the spread of the Traffic Accident criminal settlement system. The systems of professional intermediary, community corrections and victims’state compensation should be built and improved through the introduction of legal norms and the range of applications. On the other hand, by increasing the hearing procedures and constraining the powers of the judiciary, the problems occurred during the process of reconciliation can be avoided and the Traffic Accident Criminal Reconciliation can be done according to the rule of law. In the present study, based on methods of the empirical study, the concepts of the Traffic Accident Criminal Reconciliation were established using speculative way of thinking. And the basic theory, principles and using method hidden beneath the surface of practice were found, which provide supports for the establishment and application of criminal reconciliation of traffic accident in China.