交通肇事犯罪原因探析

交通肇事犯罪一直是社会的热点。近年来,随着数起引起社会广泛影响的交通肇事大案以及《刑法修正案(八)》将危险驾驶行为纳入犯罪,新闻媒体与法律实务更加关注对交通肇事犯罪的评价。然而,目前学界研究此类犯罪多从刑法规制的角度探讨,而隐藏在犯罪背后的深层原因却鲜有研究。任何犯罪现象总有一定的犯罪原因的外在展现和结果状态,从交通的组成因素探讨其对交通肇事的联系和影响,有助于发现交通肇事的本质,为交通事故的预防提供重要参考。

On Causes of Traffic Accident

The crime of traffic accident has been a hot social problem in recent years. With the social impact of traffic accident widely spreading and Amendment to Criminal Law of the People＇s Republic of China （Eight） putting dangerous driving behavior into the crime, the news media and the law practice pays more attention to the evaluation of the crime of traffic accident. However, the current academic study of such crimes comes more from the perspective of criminal law, while the deep reason hiding behind the crime is rarely mentioned in research. Any crime always has its outside manifestation and consequent state. This article hereby takes a probe into the link between the accident and the differences in vehicle performance with the hope that it is helpful to find the essence of the traffic accidents and provide references for the prevention of the traffic accidents.