The Criminal Judicial Policy Of Severity Tempered With Gentleness In Traffic Accident Crime

Traffic accident crime is frequently occurred nowadays. With the rapid development of China' s economy, the road traffic and transportation has been unprecedentedly developed and the car, as a convenient and effective means of transportation, has become a family member in China, which indicates that the family car era has already come. However, as a result of the fact that the traffic facilities in our country are still imperfect at present and the people' s traffic safety consciousness is comparatively weak, the traffic accidents are a frequent occurrence, therefore, the traffic cases are also on the rise. Presently, the dealing of traffic cases are mainly based on No. 133 item of the Criminal Law of PRC about the provisions of traffic cases as well as the Notice on Strict Dealing with Traffic Cases with Legal Provisions issued by the Supreme People' s Court and the Supreme People' s Procuratorate in 1987 and Some Explanations of Specific Applied Legal Problems on Trying Traffic Criminal Cases issued by the Supreme People' s Court in 2000. While under the present circumstance of constructing harmonious society, the Sixth Plenary Session of the 16^th Central Committee of the CPC emphasized: "we should implement the criminal judicial policy of severity tempered with gentleness. " This is our party' s important conclusion summarized from long-term preventing and cracking down on crimes under the new historical conditions; this is an inevitable selection of developing the socialist democratic politics and constructing the socialist political civilization; this is an objective requirement of preserving the social stability and promoting the social harmony. Therefore, it is necessary to study in detail how to implement the policy of severity tempered with gentleness in the traffic accident crime. This thesis will elaborate on it from the following three parts.Part I is about the necessity and feasibility of the policy of severity tempered with gentleness in traffic cases. In this part, we elaborate on the basic connotation and requirement of the policy of severity tempered with gentleness; Part II provides a detailed argumentation for the necessity of this policy in traffic accident crime from different perspectives; Part III expounds on the feasibility of this policy in traffic accident crime from the three aspects, such as the inheritance and development of the criminal policy of severity tempered with gentleness in ancient China, the use of other countries' experience of restoring judicial system and the realistic conditions of traffic cases, etc..Part II mentions the dealing with traffic accident crime with the policy of severity tempered with gentleness from the points of "severity" and "gentleness" . Combining theory with practice, we will analyze the principles, the object of application and the way of application in implementing the policy from the points of "severity" and "gentleness" , meanwhile, it also needs the experience from other countries. After the analysis, we will present our own views and suggestions on legislation. Part III analyzes other related questions caused by the implementing of this policy. We present the questions from two aspects: the first is the questions that need attention on the specific application of the criminal reconciliation system in traffic cases; the second is the reflection on the litigant' s improper implementation of the criminal policy of severity tempered with gentleness.