| In recent years,traffic accidents have occurred frequently,and traffic accident crime has become one of the most common crimes.Because of its large number of cases and many factors affecting sentencing,the specific factors affecting sentencing are diverse and changeable in practice.Therefore,the judiciary also pays more attention to the sentencing of traffic accident crime.In the Guiding Opinions on Sentencing of Common Crimes issued by the Supreme People’s Court,the specific applicable methods of sentencing related factors of traffic accident crime are further clearly defined.It has made a useful exploration to realize fairness,justice and transparency of sentencing for traffic accident crimes,provided a more feasible operation guide for sentencing in judicial practice,and alleviated the problems of unfair sentencing and large regional differences to some extent.However,in combing and analyzing the traffic accident cases in the five districts of City C,when the relevant sentencing factors have great influence on the types of punishment,the length of sentence and the application of probation,it is found that there are mainly the following three problems.First,the factor of confession attitude,because confession attitude belongs to discretionary factors,and the evaluation mechanism and standards of confession attitude of prosecution,defense and trial are different,which leads to vague positioning and different evaluation standards of confession attitude when sentencing is applied;Second,the victim’s understanding factors,victim’s understanding and criminal reconciliation are both forms of victim’s sentencing participation system,but there is a big gap in sentencing range,and the rationality of the gap is controversial;Third,the compensation factor,the defendant who actively compensates can get the benchmark penalty with a larger reduction,which makes it too high in sentencing.Therefore,in order to solve the above problems and further standardize and rationalize the sentencing of traffic accident crimes,the following three paths are put forward.Firstly,the evaluation and application of confession attitude in sentencing should be made clear,the concept that confession attitude affects sentencing should be established,and the evaluation mechanism of confession attitude should be established.Secondly,it is to improve the victim’s participation in sentencing,give the victim an independent right to express sentencing opinions,set up legal aid for victims,and ensure the victim’s participation in litigation;Finally,it is necessary to establish the compensation liability system for victims’ mental damage,which can limit the influence of compensation factors on sentencing to a certain extent,so as to achieve a win-win situation of safeguarding the legitimate rights and interests of victims and equalizing sentencing. |
