A Material Study On The Influence Of Victims’ Forgiveness On The Sentence Discretion About Serious Traffic Accidents Crime

Understanding as a discretionary sentencing the victim have certain effects on the punishment of the crime of causing traffic casualties,Fully reflects China’s judicial system"temper justice with mercy" policy,Not only correct,rehabilitate offenders,And realization of the role of criminal law in social management and the regulation of social relations,guarantee the social stability.Therefore,understanding effects of sentence sentencing the victim has become the current Penal theory and practice of development of an important role.However,in practice there are some problems,the scope of application of the party’s understanding of the impact of sentencing is not clear;suspension of normalization form Imprisonment and detention so that imprisonment is useless,And often will be"understanding of victims" and "economic compensation" directly linked with,Understanding independent legal status of lost victim.Therefore,it is necessary to understanding of traffic accident crime victim impact sentencing involved discussion of related legal issues.By collating data and comparison of 200 cases of traffic accidents occurred throughout the country in recent years access to victims in understanding the specific analysis of the impact of sentencing,Identify traffic accident victims in understanding sentence status and defects.According to these issues to improve relevant recommendations of the trial of crime of causing traffic casualties,Clear in the traffic accident victim in understanding the scope of the crime,Victims to the understanding of authenticity to play its legal effects;Additional property through legislation and the establishment of compensation system for traffic accident victims,Easing of hostilities by the parties,To improve the quality of judicial practice and defend the rights of crime victims.