摘要
交通肇事罪是行政犯罪,必须以行为违反行政法律、承担行政责任为前提。行为人构成交通肇事罪除了承担行政责任外,还需要具备其他条件。执法部门在适用刑法第133条"交通运输肇事后逃逸"规定时,必须注意交通事故责任认定的"逃逸"与刑法意义的"逃逸"是两种本质不同的行为,同时不能违反"同一行为禁止重复评价"的原则。
Traffic accident crime is a kind of administrative crime, which is common to people. In view of more and more serious traffic accidents at present and traffic accident crime has a tendency of rising. The escape act from traffic accident is a serious problem in practice, so the definite regulations have been stipulated in article 133 of criminal law and its judicial interpretation. But in the same time, there are also a great deal of contentious issues and mess in the judicial application about articles of traffic accident crime. To solve these problems and to meet the need of judicial practice, the paper advocates that traffic accident escape crime should be researched into.
关键词
交通肇事
行政责任
刑事责任
逃逸
Traffic Accident Crime
Administrative Responsibility
Criminal responsibility
Escape Act
