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胡斌因交通肇事罪被判处三年有期徒刑,该案背后的量刑问题值得我们重新反思。胡斌在交通肇事后停车报警和拨打急救电话的行为值得肯定,该行为符合自首的规范性条件,也契合自首的本质特征,认定自首具有司法逻辑上的正当根据。胡斌家属积极赔偿被害人家属的行为是刑事和解的正面体现,有利于被害人诉讼地位的确立与民事赔偿的顺利达成,审判机关在量刑时的不予考虑与当代刑事司法理念存在重大冲突。
Hu Bin was convicted of traffic accident three years in prison, the measurement of sentencing behind the case worth our rethinking. Hu Bin deserved to be sure that the car parked after the traffic accident and called the emergency telephone. This behavior is in conformity with the normative conditions of surrendering himself and meets the essential characteristics of surrendering himself. It is believed that surrendering himself has judicial legitimacy. Hu Bin’s family member’s active compensation for the victim’s family members is a positive manifestation of criminal reconciliation, which is conducive to the successful establishment of the victim’s legal status and civil compensation. Judicial organs do not consider the sentencing when there is a significant conflict with the concept of contemporary criminal justice.