交通肇事罪审判实务研究

Research On The Practice of Traffic Accident Crime

随着我国社会经济的迅猛发展和人民生活水平显著提高,机动车已经成为公众出行的常规交通工具。然而,进入汽车时代以后,社会运行的成本和民众出行的风险都在相应的增加,涉及机动车的交通肇事行为正呈现出井喷之势,而刑法作为规范社会行为的重要依据理应对此作出回应。刑法理论界对交通肇事罪的研究已经较为成熟,但交通肇事罪的刑事责任、主体范围、相关罪名界分以及附带民事赔偿等问题仍然值得进一步研究探讨。

With the rapid development of social economy and the improvement of people＇s living standard, motor vehicle has become an usual transportation for people. However, the cost of social running and the risk of public traffic are both increasing with stepping in motor vehicle era. Traffic accidents involving motor vehicle is showing up at the pump. As a crucial regulation of social behavior, criminal law should respond to this phe- nomenon. In criminal theory research, researches on traffic casualties has been more and more mature, but some other questions like criminal responsibility, scope of subject, relevant charges and incidental civil com- pensation in traffic accidents are still worthy of further study.