交通肇事逃逸行为的重新审视

A New Study on the Hit-and-Run Phenomena

肇事后逃逸的构成要具备主观上的故意心理状态,客观上的逃跑行为,并要具备逃逸的时空要素。交通肇事后因逃逸致人死亡是交通肇事罪的情节加重犯,而不是结果加重犯,更不是独立的罪名。因此,因逃逸致人死亡的认定必须以交通肇事罪的成立为前提,必须是逃逸行为而不是故意杀人行为,而且在逃逸行为和被害人死亡间必须有因果关系。

Hit-and-run refers to the act of running away of the offender regardless of his legal obligations from the scene of traffic accident, which involves serious harms to the victim（s）. Our current Criminal Law has specific provisions which prescribe more severe punishment towards this. The nature and act of Hitand-run and thus resulted death are the main problems of it. The act constitutes the offender＇s subjective psychological state to run away and his actual runaway. The death resulted from the Hit-and-run act is not an independent charge, is related to the act not the result. Hence, the establishment of the death to be resulted from the hit-and-run must be based on the establishment of the hit-and-run charge, must be the result of the hit-and-run not tween the hit-and-run act and the death. murder or else, and cause and effect must exist between the hit-and-run act and the death.