论交通肇事犯罪案件中适用刑事和解所面临的冲突及其消解

On the Conflicts Occurred from Victim-offender Reconciliation in Crimes Causing Traffic Casualties

在交通肇事犯罪案件中适用刑事和解具有有利于及时弥补被害人或其家属的损失、缓和当事人之间的矛盾并促进社会和谐的积极效果,但也伴随有弱化刑罚预防犯罪功能、违背适用刑法平等原则、损害当事人利益的消极影响。为更好地发挥刑事和解化解矛盾的优势,应采取多种措施,实现被害人、加害人以及社会公共利益的动态平衡。

In crimes causing traffic casualties,victim-offender reconciliation helps to recover the losses of the victim and his family,alleviate the contradictions between concerned parties and promote social harmony.However it also has bad effects such as weakening the function of preventing crimes through penalty,violating the rule of equality when applying Criminal Code and jeopardizing the interests of the concerned parties.Diversified measures should be taken to achieve the dynamic balance among the victim,the inflicter and social interests and give full play to the benefits of victim-offender reconciliation.