论“因逃逸致人死亡”的客观构成——以一起交通肇事案为例

The Objective Constitution of "Death by Escape" ——Take a Hit-and-Run Case for an Example

正确认定交通肇事逃逸、因逃逸致人死亡,对于解决现实中复杂的交通肇事案件具有参考意义。"交通肇事逃逸"是对救助义务和消除肇事现场对交通运输安全的抽象危险的义务的不履行,当存在救助义务时,基于义务冲突应当优先履行之,否则被撞者因此死亡的应认定为"因逃逸致人死亡"。"交通肇事逃逸"与"因逃逸致人死亡"的内涵应当保持一致,即两者的作为义务内容应当相同,既保持了三种量刑的递进关系,也有助于证明"逃逸"与"致人死亡"之间的因果关系。

The proper identification of the case of ＂hit-and-run＂ and ＂death caused by escape＂ is referentially significant to the solution of complicated hit-and run cases in our real life. The ＂hit-and-run＂ is a non-performance of the duty to rescue or to eliminate risks to transportation safety at the scene of the traffic accidents. When the duty to rescue conflicts with the latter, the high priority should be attached to the one according to the situation. Otherwise, the death of the injured should be identified as ＂death caused by escape＂. The ＂hit-and-run＂ and ＂death caused by escape＂ should have same connotations, that is, they have same contents as duties and have three different penalties, which is conducive to proving the cause-and-effect relationship between escape and death.