行为无价值逻辑的实务透视——以交通肇事逃逸为视角展开

On Logic Practice of the Dualism of Conduct without Value——from the Perspective of Hit-and-run

交通肇事逃逸以行为无价值为核心和思考起点的进路,不仅导致了交通肇事基本罪刑单位与逃逸罪刑单位的割裂,而且影响了刑法目的的贯彻,不利于被告人的刑事推定推动实务中"唯行为论"与行为无价值的内在逻辑契合;同时行为无价值论也为"唯行为论"提供了理论基础。我国刑法对交通肇事罪的规定是沿着结果无价值进路进行的,故不应将行为无价值理论作为逃逸的正当化根据,不应破坏交通肇罪刑法理论的体系性。

If the dualism of conduct without value is taken into the consideration as the core in the hit-and-run, it will not only lead to the separation of the basic crime and punishment unit and the crime and punishment unit, but also affect the implementation of the criminal law.The criminal presumption which is unfavorable to the defendant promotes the internal logic conjunction of ＂the only behaviortheory＂ and ＂the dualism of conduct without value＂ in practice. Meanwhile, the dualism of conduct without value provides the theoretical basis for ＂the only behavior theory＂.The provisions of the criminal law in our country on the crime of causing traffic casualties are carried out along the path of results worthless. Therefore, ＂the dualism of conduct without value＂ should not be used as the justification of escaping, and the system of criminal law of traffic offense should not be destroyed.