The Study Of Traffic Accident Case Criminal Reconciliation

Criminal reconciliation as a new way to resolve criminal matters,legal circles and has been widely recognized by practitioners. In the process of criminal lawsuit of our country,applying to the criminal reconciliation system conforms to the basic idea of building a socialist harmonious society. In recent years,with the increasing of traffic accident cases which belong to the negligent crimes of social harmlessness,applying the criminal reconciliation to solve these cases in judicial practice embodies the principle of tempering justice with mercy in the judicial system in China. This system can not only attack the crimes accurately,but also can effectively correct, reform criminal, repair the damaged social relations. Meanwhile,it can offset the interest of the party which has been damaged by crimination. And then, dissolving the contradiction between victims and perpetrators to make them coexistence in harmonious.This article is divided into four chapters.The first chapter expounds the concept of criminal reconciliation, and then on the relationship between the criminal reconciliation and principle of a legally prescribed punishment for a comparative analysis, and then through the comparison of two case discusses necessity and the value of the criminal reconciliation traffic accident case, at the same time lead to criminal reconciliation should follow the principle of the traffic accident case.The second chapter mainly introduced the United States, Britain, France, Germany, Russia and other western countries about the legislation and practice of criminal reconciliation traffic accident case, and compares the legislation and practice of these countries is analyzed.The third chapter mainly discusses the current traffic accident cases of criminal reconciliation practice pattern has carried on the review and evaluation, as well as the problem of traffic accident case criminal reconciliation in our country has carried on the thorough analysis.The fourth chapter is mainly aiming at the existing problem of the traffic accident case criminal reconciliation in China put forward the corresponding perfect and Suggestions.