Application Of Relative Non-prosecution In Traffic Accident Cases

With the rapid development of Chinese economy,the number of motor vehicles and the probability of traffic accidents in China are both increasing.The crime of traffic accident belongs to the negligence crime,which has the characteristics of daily,multiple and common crime subjects.If every case has to go through a complete procedure,it will be bound to a waste of judicial resources,and it will deepen the current criminal justice predicament where cases are more while humans are less.But the relative non-prosecution system has the function of diverting the dike,saving the judicial resources and helping the offender to return to the society.In the judicial practice,the application rate of relative non-prosecution in traffic accident cases is obviously low,most cases will be transferred to the court,the judge make the final judgment,and a large amount of judicial resources are wasted.In view of the current situation of traffic accident cases in China,the using condition of relative non-prosecution and the Chinese leniency combining punishment with leniency,the author hold the view that it is very necessary to properly enlarge the application of relative non-prosecution in traffic accident cases.However,there are many obstacles hindering the expansion of the application of relative non-prosecution which should be urgently defused by us.Based on the basic characteristics of current traffic accident cases and the need of criminal justice policy,this paper demonstrates the necessity of appropriately enlarging the application of relative non-prosecution in traffic accident cases.At the same time,this paper probes into the application of relative non-prosecution in traffic accident crime,find the factors that interfere with the relative non-prosecution in the traffic accident cases,and further analyze the problem with which the application of the relative non prosecution in the traffic accident crime faced.For example,the relative non-prosecution application conditions are vague,the procedures are complex,and the supervision mechanism is absent.In this respect,the author embarks on this topic from the practice,combining the theoretical knowledge,putting forward thecorresponding countermeasures such as clarifying the meaning of ‘minor crime plot',simplifying the applicable procedure of relative non-prosecution,perfecting the internal and external supervision mechanism,so as to provide some ideas to solve the dilemma,enlarge the application rate of relative non-prosecution in traffic accidents,promote the relative non-prosecution in the traffic accident cases,give the real function of reducing expenditure and resolve the social contradictions.