A Standardized Study On The Impact Of Compensation On Sentencing In Traffic Accident Case

According to the "Guiding Opinions on Sentencing of Common Crimes" jointly issued by Supreme People’s Court and Supreme People’s Procuratorate,active compensation circumstances can reduce the defendant’s benchmark sentence by 20%-40%.Behind the high amount of compensation and light sentence,the reasons and the jurisprudence it contains are worth exploring.The mechanism of compensation affecting sentencing aims to quickly make up for the loss suffered by the victim while actively making compensation to reflect the defendant’s repentance attitude.This provision is in line with the trend of lighter punishment and is justified.Among the many criminal cases that require civil compensation,the traffic accident crime has an important position in the mechanism of compensation affecting sentencing due to its large number of cases,large amount of compensation,and insurance compensation.In a traffic accident crime case,the scope of compensation includes not only the material loss caused by the accident,but also the compensation for mental damage.After confirming the scope of compensation,the author conducts empirical research with hundreds of judgments of traffic accident crime cases,and compares the influence degree and operating mechanism of compensation circumstances and forgiveness and other circumstances on sentencing.After analysis,it is found that due to the lack of legal provisions and standardized mechanisms for active compensation circumstances,the application of compensation circumstances in traffic accident crime cases has problems such as too wide compensation scope and high degree of impact on probation.In this regard,it is advisable to write the compensation circumstances into the Criminal Law as soon as possible,so that its application can be legally based.At the same time,the application of compensation circumstances in traffic accident crime cases with aggravating circumstances should be limited,the insurance compensation mechanism and the national judicial aid system should be improved,and a diversified aid mechanism should be constructed,so that the circumstances of active compensation can be more efficiently connected with other systems.