交通肇事案刑事和解研究
发布时间：2019-05-12 10:16
【摘要】：刑事和解作为一种新型的刑事纠纷处理机制,在我国已逐渐得到法学界和实务界的广泛认同。在我国刑事诉讼过程中适用刑事和解制度符合构建社会主义和谐社会的基本理念。近年来,随着交通肇事案件的增多,对于这种多属社会危害不大的过失犯罪,在司法实践中适用刑事和解来解决,充分体现了我国司法体系“宽严相济”的原则,不仅能够准确及时的打击犯罪,而且能够有效地矫正、改造犯罪人,修复被破坏的社会关系和弥补被损害的利益,使各方诉讼参与主体尤其是被害者与加害者之间能够化解矛盾,和谐共处。本文共分为四章。第一章首先对刑事和解的概念进行阐述,然后对刑事和解与罪刑法定原则的关系进行比较分析,接着通过两个案例的对比论述交通肇事案刑事和解的必要性与价值,同时引出交通肇事案刑事和解应遵循的原则。第二章主要介绍了美国、英国、法国、德国、俄罗斯等西方国家有关交通肇事案刑事和解的立法与实践,同时对这些国家的立法与实践进行了比较分析。第三章主要对目前我国交通肇事案刑事和解的实践模式进行了回顾与评析,同时对我国交通肇事案刑事和解存在的问题进行了深入分析。第四章主要是针对我国交通肇事案刑事和解存在的问题提出相应的完善和建议。
[Abstract]:As a new type of criminal dispute settlement mechanism, criminal reconciliation has been widely recognized in the field of law and practice in our country. The application of criminal reconciliation system in the process of criminal proceedings in China is in line with the basic concept of building a harmonious socialist society. In recent years, with the increase of traffic accident cases, for this kind of negligence crime, which is of little social harm, criminal reconciliation should be applied to solve it in judicial practice, which fully embodies the principle of "combining leniency and strictness" in the judicial system of our country. It can not only combat crime accurately and in time, but also effectively correct, transform the perpetrators, repair the damaged social relations and make up for the damaged interests. So that the participants in litigation, especially between the victim and the perpetrator, can resolve contradictions and coexist in harmony. This paper is divided into four chapters. The first chapter first expounds the concept of criminal reconciliation, then makes a comparative analysis of the relationship between criminal reconciliation and the principle of legality of crime and punishment, and then discusses the necessity and value of criminal reconciliation in traffic accident cases through the comparison of the two cases. At the same time, it leads to the principles that should be followed in the criminal reconciliation of traffic accident cases. The second chapter mainly introduces the legislation and practice of criminal reconciliation in traffic accident cases in the United States, Britain, France, Germany, Russia and other western countries, and makes a comparative analysis of the legislation and practice in these countries. The third chapter mainly reviews and comments on the current practice mode of criminal reconciliation of traffic accident cases in our country, and makes a deep analysis of the problems existing in the criminal reconciliation of traffic accident cases in our country. The fourth chapter mainly puts forward the corresponding perfection and suggestions for the problems existing in the criminal reconciliation of traffic accident cases in our country.
【学位授予单位】：广东外语外贸大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
本文编号：2475308
[Abstract]:As a new type of criminal dispute settlement mechanism, criminal reconciliation has been widely recognized in the field of law and practice in our country. The application of criminal reconciliation system in the process of criminal proceedings in China is in line with the basic concept of building a harmonious socialist society. In recent years, with the increase of traffic accident cases, for this kind of negligence crime, which is of little social harm, criminal reconciliation should be applied to solve it in judicial practice, which fully embodies the principle of "combining leniency and strictness" in the judicial system of our country. It can not only combat crime accurately and in time, but also effectively correct, transform the perpetrators, repair the damaged social relations and make up for the damaged interests. So that the participants in litigation, especially between the victim and the perpetrator, can resolve contradictions and coexist in harmony. This paper is divided into four chapters. The first chapter first expounds the concept of criminal reconciliation, then makes a comparative analysis of the relationship between criminal reconciliation and the principle of legality of crime and punishment, and then discusses the necessity and value of criminal reconciliation in traffic accident cases through the comparison of the two cases. At the same time, it leads to the principles that should be followed in the criminal reconciliation of traffic accident cases. The second chapter mainly introduces the legislation and practice of criminal reconciliation in traffic accident cases in the United States, Britain, France, Germany, Russia and other western countries, and makes a comparative analysis of the legislation and practice in these countries. The third chapter mainly reviews and comments on the current practice mode of criminal reconciliation of traffic accident cases in our country, and makes a deep analysis of the problems existing in the criminal reconciliation of traffic accident cases in our country. The fourth chapter mainly puts forward the corresponding perfection and suggestions for the problems existing in the criminal reconciliation of traffic accident cases in our country.
【学位授予单位】：广东外语外贸大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D925.2
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