论交通肇事罪中的“因逃逸致人死亡”

On "Death Caused by Escape" in Crimes of Causing Traffic Casualties

在对刑法第133条交通肇事罪中"因逃逸致人死亡"的理解上,刑法理论及实务界存在着诸多分歧与争议。文章从主客观相结合的解释论立场出发,对该规定可能的语义内涵和罪过形式进行了深入的剖析,并在此基础上,对司法实践中相关情形的定罪量刑作出了分门别类的澄清。

There are many differences and disputes on the understanding of 'death caused by escape' in article 133 of crimes of causing traffic casualties between criminal Law's theoretical circle and practical circle. Starting from the explanation point of the combination of subjectivity and objectivity, this article has a deep analysis of the rule's possible content and offensive forms, on the basis of which clarifies with classification the relative situations' criminalization and sentencing in judicial practice.