交通肇事罪共犯质疑

最高人民法院在司法解释中,将指使交通肇事逃逸致人死亡的行为人,以交通肇事罪的共犯论处,这一规定存在不足.因为交通肇事罪是典型的过失犯罪,而我国刑法对共同过失犯罪规定不以共同犯罪论处.司法解释虽然间接承认了共同过失犯罪,但对指使逃逸的行为人以交通肇事罪的共犯论处还是有失妥当的,且没有考虑二者构成间接故意杀人共犯的情况.

To Query the Accomplice in Crimes of Causing Traffic Casualties

In its judicial interpretations,Supreme People's Court of the PRC adjudicates the doer who instigates the driver causing traffic trouble to escape and thus leads to the death of the victim as the accomplice in crimes of causing traffic casualties.This adjudication is obvioushy inadequate since crimes of causing traffic casualties are typical of criminal negligence and China's Criminal Code ordarins that offense of joint negligence should not be adjudicated as complicity.The judical interpretations of Supreme People's Court indirectly admit it as offense of joint negligence but they do not consider both the doers as accomplices of indirect intentional homicide,therefore the adjudication of accomplice is improper.