交通肇事刑事和解实务研究

发布时间：2019-01-04 10:48

【摘要】：刑事和解是新型的刑事纠纷处理机制,它脱胎于恢复性司法理念。刑事和解自产生以来不断发展和完善,已得到世界各国的认可和追捧,充分显示了其制度价值。我国对刑事和解理论研究开展较晚,但已得到我国法学界和司法实务界的广泛认同。刑事和解制度符合我国社会主义法治理念的要求,是宽严相济刑事司法政策的具体体现。刑事和解的运用能够推动当事人权益的平衡和社会关系的恢复,实现法律效果与社会效果的统一。随着交通肇事案件的不断增多,充分发挥刑事和解的制度优势和价值能够及时打击犯罪和有效矫正、改造犯罪主体,化解社会矛盾,推动社会关系的稳定与和谐。当前,我国交通肇事刑事和解制度处于发展进程中,仍存在一定的问题,需要进一步完善和规范,这对预防和减少犯罪的发生,有效解决交通肇事刑事纠纷有重要的意义。本文通过两个典型案例对交通肇事刑事和解进行实证分析,通过典型案例的对比分析明确了交通肇事适用刑事和解的必要性,并剖析了当前交通肇事刑事和解的现状,针对存在的问题,提出应进一步探索和完善的思路。
[Abstract]:Criminal reconciliation is a new mechanism for handling criminal disputes, which is derived from the concept of restorative justice. Since its emergence, criminal reconciliation has been continuously developed and improved, which has been recognized and sought after by countries all over the world, and has fully demonstrated its system value. The research on the theory of criminal reconciliation has been carried out late in China, but has been widely accepted by the legal and judicial circles of our country. The system of criminal reconciliation accords with the requirement of socialist rule of law in our country and is the concrete embodiment of the criminal justice policy of combining leniency and severity. The application of criminal reconciliation can promote the balance of the parties' rights and interests and the restoration of social relations, and realize the unification of the legal effect and the social effect. With the increasing of traffic accident cases, giving full play to the advantage and value of criminal reconciliation system can timely crack down on crime and correct effectively, reform the subject of crime, resolve social contradictions, and promote the stability and harmony of social relations. At present, China's traffic accident criminal reconciliation system is in the process of development, there are still some problems, need to be further improved and standardized, which is of great significance to prevent and reduce the occurrence of crime and effectively solve the criminal disputes caused by traffic accidents. This paper makes an empirical analysis on the criminal reconciliation of traffic accident through two typical cases, clarifies the necessity of applying criminal reconciliation to traffic accident through the comparative analysis of typical cases, and analyzes the present situation of the criminal reconciliation of traffic accident. In view of the existing problems, the author puts forward some ideas that should be further explored and perfected.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

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