交通肇事“逃逸”的行为性解释

Behavior Interpretation of Traffic Accident “hit-and-run”

我国学者在对交通肇事"逃逸"问题进行解释时,主要采取了文义解释和目的解释的方法。无论哪种方法都有其天然的缺陷,产生了很多让人难以接受的结论。对"逃逸"应该从它的行为结构入手进行解释,认为"交通肇事后逃逸"实属交通肇事罪与遗弃罪的结合犯,这样才能有效解释立法者对其升格法定刑的依据。

When scholars interpret Traffic Accident issue,taken the literal interpretation and purpose of interpretation methods. However, whatever method has its natural defects, resulting in a lot of unacceptable conclusion. Therefore, the ＂hit-and-run＂ should start from the structure to explain its behavior, saying that ＂after the Traffic Accident＂ it is combined with committing traffic crime and abandonment of sin,so as to effectively explain the basis for the punishment to be upgraded to their legislators.