评交通肇事罪的“共犯”

About "Accomplice Committing Traffic Trouble-Making Crime

交通肇事后逃逸是实践中存在的一个严重问题 ,最高人民法院的司法解释对指使肇事人逃逸的人以交通肇事罪的共犯论处的规定值得质疑。交通肇事逃逸致人死亡不构成结果加重犯。肇事人因其先行行为负有救助被害人的义务 ,若肇事人不履行该义务则可能构成其他犯罪。单位主管人员 ,机动车辆所有人、承包人或者乘车人并不构成交通肇事罪的共犯 ,而会因自己的教唆行为构成故意杀人罪或者过失致人死亡罪的共犯。

It is a serious problem in practice to punish the escape acts from traffic accident. Stipulations are queried concerning judicial explanations which provide that persons shall be punished for instigating traffic trouble-makers to escape accidents as accomplices. Causing death as a result of escape from traffic accidents does not commit a crime as an aggravating criminal. The trouble-makers are obligated to save the victim as a beforehand act . They do not commit other crimes in spite of acts of escape. Competent persons in units,owners of the vehicles,contractors and riders are not accomplices referring to traffic crimes being trouble-makers,but they may commit an intentional or unpremeditated crime being accomplices for their acts to instigate.