An Analysis on the Punishment of Hit-and-Run in Traffic Accidents
- 法学院－已发表论文 
最高法院关于交通肇事罪中"因逃逸致人死亡"的解释忽略了逃逸的实质,明显不符合立法原意和刑法原理。笔者认为应将其理解为"交通肇事后,行为人明知被害人重伤却未履行救助义务,致使被害人因得不到及时救助而死亡的情形。"虽然交通肇事罪是过失犯罪,但将行为人逃逸间接故意致人死亡的情形纳为该罪的结果加重犯,在理论和实践上较容易防止不适当的出入人罪,是比较适宜的做法。作为补充,我国应在2004年5月1日开始实施的《道路交通法》之基础上进一步加强行为人的民事和行政责任,以维护交通秩序和公共安全。The Supreme Court neglects the essence of hit-and-run when interpreting"death caused by hit-and-run"in traffic accident crimes. This is obviously against the original intention of legislation and the principles of criminal law. This paper believes that it should be understood as "after causing a traffic accident, knowing the victim is severely injured, the injurer fails to perform the obligation of rescue, thus causes the death of the victim due to lack of prompt rescue". Although traffic accident crimes are crimes of negligence, to include situations of death caused by hit-and-runners with indirect intention as aggravated situations in these crimes is an appropriate solution in both theory and practice. As a supplement, our country should impose more civil and administrative liabilities on hit-and-runners on the basis of the lately implemented Road Traffic Regulation as to safeguard traffic order and public security.