论交通肇事中“因逃逸致人死亡”

On Death from Hit-and-run Accident

因逃逸致人死亡,是指行为人在交通肇事后为逃避法律追究而逃跑,致使被害人因得不到救助而死亡的情形。行为人对于受害人死亡结果的主观方面只能是过失,如果为故意则应定为故意杀人罪。

Death from hit- and - run accident refers to the case that the hit - and - run driver runs away from the scene after the traffic accident to evade the punishment by law, causing the victim to die from lack of rescue. The subjective aspect of the offender to the death of the victim is only negligence. In case of intent, the offense should be regarded as deliberate homicide.