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The Study on the Criminal Reconciliation of Traffic Accident Crime

Author: MengQingChao
Tutor: SunChangYong
School: Southwest University of Political Science
Course: Legal
Keywords: traffic accident crime criminal reconciliation necessity feasibility construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 108
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Abstract


This paper, based on the current status of the protection of rights and interests of victims suffering the traffic accident, analyzes the necessity and feasibility of building a criminal reconciliation system of traffic accident from the perspectives of safeguarding the legitimate rights and interests of victims and building a socialist harmonious society. By sorting out the main settlement modes and the existing problems occurring in criminal reconciliation of traffic accident, it put forward some suggestions on the construction of the system of criminal reconciliation of traffic accident that fits the real situation in China.This paper is divided into five parts, namely, an overview of the criminal reconciliation system, the analysis of the necessity of building a criminal reconciliation system of traffic accident crime, its feasibility, the current situation and existing problems of its construction, its reasonable construct. The first part is an overview on the criminal reconciliation system. It describes its booming background and theoretical basis. The second part analyzes the necessity of building a criminal reconciliation system of traffic accident crime mainly from four aspects, namely, the protection of rights and interests of victims, criminals’return to the community, the building of a socialist harmonious society, and the thrift of judicial resources and improvment of the judicial efficiency. In the third part of the analysis feasibility of building a criminal reconciliation system of traffic accident, it stresses on the China’s ideological and cultural foundation, the basis of criminal policy, legal basis and practical foundation. The fourth part sorts out the main settlement modes and the existing problems occurring in criminal reconciliation of traffic accident. The fifth part is the most important in this paper. It starts from five aspects to discuss the reasonable construct of the criminal reconciliation system as follows: the applicable scope, the applicable conditions, the applicable steps, the applicable procedures and the corresponding mechanisms.In addition, the paper bases on the current situation and existing problems of criminal reconciliation system of traffic accident crime to point out that the lack of uniform legislation on criminal reconciliation system in China has resulted in the existence of chaotic phenomena when applied criminal reconciliation in handling traffic accident cases. By sorting out our current laws and judicial interpretations, combing with the Code of Criminal Procedure Amendment (Draft) being considered, this paper bases on practical experience of criminal reconciliation drawn from other places to propose to build the criminal reconciliation system of traffic accident in line with our situations under the framework of current law system and to put forward a specific system design.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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