论文部分内容阅读
交通事故发生后当事人往往采取逃离事故现场,破坏现场,伪造现场,毁灭证据等行为,致使无法认定事故当事人的过错情况,给追究事故当事人责任带了极大的障碍,增加肇事者的侥幸心理。解决的对策是改变交通肇事罪中单纯适用过错责任的沿袭,对于违背现场保护义务人应适用严格责任来追究其刑事责任。同时,适用严格责任符合刑法的谦抑性要求,允许当事人自证其无过错以阻却其刑事责任,量刑应从轻。
After the traffic accident, the parties often take actions such as fleeing the scene of the accident, destroying the scene, faking the scene and destroying the evidence, resulting in the failure to identify the fault of the party involved in the accident and bring great obstacles to the parties involved in the accident and increase the chances of the perpetrators. The solution to this problem is to change the liability of purely applying fault in the crime of traffic accident, and to prosecute the criminal responsibility for violating the obligation of on-site protection. At the same time, the application of strict liability meets the requirement of moderation and restraint of the criminal law, allowing the parties to prove their own faultlessness so as to obstruct their criminal liability, and sentencing should be lighter.