There is no consensus in the academic community on whether the connotation of"escape"in traffic accidents is"evading legal prosecution"or"evasion of rescue obligations".The relationship between the two is not binary opposition,and the interpretation method of the two is homologous.Therefore,it is not inappropriate to combine the two to form a"combination theory"to reveal the connotation of"escape".The understanding of"escape"not only solves the problem of the legitimacy of the statutory penalty upgrade of"hit-and-run"but also responds to the problem that the theory of evasion of rescue obligations is contrary to the provision of"flight to evade legal prosecution"in the Interpretation.The particularity of the"escape"plot requires that the"escape"only has a dependent status and no independence.Since"escape"is not independent,that is,it only affects the sentencing of the perpetrator.Therefore,in the institutional arrangement of traffic accidents,using"escape"as a convicted circumstance violates the principle of prohibiting duplicate evaluation,so the relevant provisions should be deleted.
关键词
交通肇事/逃逸/逃避法律追究说/逃避救助义务说/结合说
Key words
traffic accident/escape/the theory of evading legal prosecution/the theory of evading the obligation of rescue/the theory of combination
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