摘要
认定胡斌飚车肇事构成交通肇事罪的观点不太妥当,应当以危险方法危害公共安全罪确定其行为性质;交通肇事后及时报警并在现场等候能够构成自首;案发后被告人"积极赔偿损失"可以作为审判时从轻处罚的量刑情节;交通肇事罪的司法解释仅确定了三种情形属于"有其他特别恶劣情节",显然失之于范围狭窄。
Identifying Hu Bin＇ s speeding car accident as traffic offense is not appropriate. On the other hand the nature of this accident should be identified as the crime of endangering public safety in a dangerous way. It should be identified as surrendering himself since he informed the police immediately after the accident and waited in the site. After the accident, his positive compensation for loss can be served as the evidence for lesser sentence. However, the judicial interpretation just identified three kinds of situations that belong to odious cases, which obviously is too narrow to identify his crime.
出处
《南都学坛（南阳师范学院人文社会科学学报）》
2010年第2期85-89,共5页
Academic Forum of Nandu:Journal of the Humanities and Social Sciences of Nanyang Normal University
关键词
交通肇事罪
以危险方法危害公共安全罪
自首
积极赔偿损失
Traffic Offense
crime of endangering public safety in a dangerous way
surrender
active compensation for the losses
