交通肇事罪中“因逃逸致人死亡”问题探讨

Research on the Problem of "Death Caused by Escape" in the Crime of Traffic Accident

新刑法对交通肇事罪进行了比较重要的修改，涉及到的“逃逸致人死亡”问题，在理论上争议颇多。本文将交通肇事罪中被害人最终死亡的具体情形一一作了分析、排除，借鉴日本刑法中的有益理论，将“逃逸”行为单独评价，以结合犯观点来理解新刑法中所作的修改。

The relatively important amendments have been made to the crime of causing traffic accident in the new Criminal Law. As to the problem of 'Death Caused by Escape' ,there are many disputes in theory. The article gives a detailed analysis on the particular situations of the victim's final death in the traffic accident. Combined with the profitable theories from Japanese crimma1 law, the behavior-'escape' ,should be singled out for evaluation. We should comprehend the amendments in the new Criminal Law with the idea of combined criminal.