The Effect Of Criminal Reconciliation On The Sentencing Of Traffic Offences

Since the establishment of China’s criminal reconciliation system in 2012,it has been widely applied to intentional crimes under three years and negligence crimes under seven years.Through the empirical research in this paper,I find that the crime of traffic accident is a high incidence of negligent crime,and its criminal reconciliation has a high rate of application,up to 80.3%.The current academic circles only pay attention to the specific application process of the system of criminal reconciliation in the public inspection authorities and the problems presented in the application,while this article is to further explore the impact of the application of criminal reconciliation on the sentencing of the court.Therefore,this article from the current scholars rarely involved in the direction of the subject,in view of the high rate of the application of criminal reconciliation,the legal basis for the criminal reconciliation and sentencing of the crime of traffic accident is analyzed,and the problems of broad legal provisions and the existence of "one size fits all" are found from the macro.Besides,through the design of scientific research methods,I find 1 014 cases of traffic accident cases in 2016 and carry out an empirical analysis.According to the analysis framework made in advance,the information of each case is extracted.Finally,the specific situation of the case of sentencing in this kind of case is reflected.The phenomenon of imbalances in sentencing is more prominent,and there are some specific problems,such as the abuse of the probation,the misuse of the criminal penalty and the misunderstanding of the crime of traffic accident and so on.Therefore,on this basis,this paper proposes that the traffic accident,such as wine driving and escape,should be excluded from the applicable scope of probation,and that the exemption of criminal punishment is more harsh than the condition of probation,that is to say,there is no strict plot and a lenient plot.In order to narrow the penalty differences between similar cases,we should strengthen the equality and consistency of sentencing.