A Material Study On Criminal Reconciliation About Serious Transportation Traffic Accidents

The criminal reconciliation procedure as a special chapter in the Criminal Procedure Law in2012, are formally be introduced in the law. Criminal reconciliation fit interests of both parties, for resolving disputes, building a harmonious society of great significance. Traffic accident belongs to criminal negligence, the perpetrator is generally first-time offender, and has a certain economic strength, before the accident the perpetrator has no contradiction with the victim, and violations of traffic law is twofold object, involving public traffic safety, showing unique characteristics and problems in the process of criminal reconciliation, so how to standardize and improve the criminal reconciliation in traffic accidents, is very necessary and urgent.Besides the introduction and conclusion, this paper is divided into four parts.The first part represents the basic application of the criminal reconciliation in traffic accidents. According to data collected, the application of criminal reconciliation in traffic accidents deals out the following conclusions:the application of criminal reconciliation in traffic accidents has a larger proportion, the parties reached a settlement of the criminal reconciliation mainly taken by the parties themselves, the participants focus on the perpetrators, the victim and their family or friends, the financial compensation and an apology is the main way of criminal reconciliation, and after the criminal reconciliation, prosecution is the main way.The second part is mainly discussed the actual effect of criminal reconciliation in traffic accidents. According to the survey, the most of the social effects of criminal reconciliation in traffic accidents are better, and its positive effect is mainly reflected in the following aspects: first, the victim can get more adequate financial compensation in a timely manner, and it received social effects; second, in the application of the measures, the perpetrators are often released, reducing pre-trial detention; third, the results are compliance with restorative justice.The third part mainly discusses the problems in traffic accidents during the criminal reconciliation. In their own reconciliation process, the perpetrator and the victim make a false statement; perpetrator fulfill the obligation in signal way, essentially based on economic compensation, while ignoring the psychological restoration; due to limitation of appraisal, non-prosecution is low; the understanding of the victims is important to the perpetrators, but their effectiveness is uncertain. These problems will affect the results of criminal reconciliation if they are not resolved.The fourth part mainly puts forward the suggestions for criminal reconciliation in traffic accidents. The authority should involve in the reconciliation, playing a guiding, monitoring, service functions; we should explore a wide range of ways to fulfill the obligations and force on the importance of the psychological restoration; improve the assessment indicators and establish the conditional non-prosecution system; the effect of understanding of the victims should be clear, so that the parties have identified consequences; finally, it should improve the mechanism of the criminal reconciliation, and promote the effective operation of the criminal reconciliation.