Abstract: By combing 360 judgments on negligent crimes, it is found that the number of cases with civil compensation without probation is much lower than that with other circumstances without probation in terms of mitigating circumstances such as voluntary confession, confession and pleading guilty. Through the data comparison and case analysis of civil compensation and victim (family member) understanding in the application of probation for negligent crimes, we can know that the two have different effects on the application of probation. In practice, the courts overemphasize the existence of civil compensation, so there exist problems of simplifying the identification of probation application for negligent crimes. The orientation of civil compensation affecting the application of probation should be a formal exterior of the penitent psychology of the defendant, rather than the substantive connotation. The court cannot judge whether the offender repents only by whether the offender has compensated, but should examine the offender's compensation ability and performance afterwards, and comprehensively determine whether the offender repents and whether probation can be applied.

Key words: civil compensation, probation, mitigating circumstances, penitence performance