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修订《刑法》突出了交通肇事罪的主体是一般主体;增加了“交通肇事后逃逸”及“因逃逸致人死亡”的加重处罚情节。“指使、强令者”构成交通肇事罪必须具有客观行为和主观罪过。最高法的《解释》把“指使逃逸者”认定为交通肇事罪的共犯违反了罪刑法定原则,应该和肇事者各自构成交通肇事罪;《解释》把肇事者无能力赔偿数额作为定罪量刑标准违反了适用刑法平等原则,应该以直接损失数额作为定罪量刑标准。
The revision of the Criminal Law highlights that the subject of traffic accident crime is a general subject, and aggravating circumstances such as “escaping after a traffic accident” and “death caused by escape”. “Directing, compelling ” Crime of traffic accident must have objective behavior and subjective sin. The “interpretation” of the Supreme Law violates the principle of legally punishable crimes by recognizing that “accomplices who convict the escapee” of traffic accident crimes constitute the crime of traffic accident with each of the perpetrators. “Interpretation” defines the amount of indemnity of the perpetrators as a crime of conviction The standard violates the principle of equal application of criminal law, and the amount of direct loss should be taken as the standard of conviction and punishment.