交通肇事之自首与行政法之义务的关系辨析

On the Relationship between Surrender after Traffic Accidents and the Obligations Stipulated by the Administrative Law

在最高人民法院颁布《关于处理自首和立功若干具体问题的意见》肯定了交通肇事罪中"自首"的存在空间。不能因为行政法规规定了报告义务而认为排斥了刑法评价中的自首情节,行政法上规定的义务不能够简单"移植"到刑法中。把交通肇事后报警并保护现场的行为作为自首情节的评价不仅不与行政规定冲突、不违反禁止重复评价原则,也符合罪刑相适应原则,还有利于保护犯罪嫌疑人的合法权益和节约司法成本。

The “Suggestions on Dealing with Surrender and Contributions” issued by the Supreme People’s Court defines the existence of surrender in the crime of causing traffic casualties. The provision of reporting obligations in administrative laws does not deny the existence of surrender in criminal law evaluation, because the obligations stipulated by the administrative law can not be simply transplanted to the criminal law. To take the act of reporting to the traffic police and protecting the scene after accidents as the behavior of surrender does not violate the provision of administrative law or the prohibition of repeated evaluation, but instead adhere to the principle of applying corresponding charges and punishment. To legitimate voluntary surrender is also good to protect the rights and interests of the suspects and save judicial costs.