摘要
如何界定交通肇事中的罪与非罪,要从交通肇事的主体和交通肇事所侵害的客体这两个方面来进行分析,认识交通肇事罪的客观和主观特征.对于交通肇事罪的量刑与处罚,要依据危害结果的大小,犯罪的态度等情况进行确认,分清刑罚与经济处罚的适用范围.
How to define crime-committing of traffic accident or innocent should base on the analysis from the subject and the object that one has been encroached on in the traffic accident and know the objective and subjective characteristic of traffic accident crime. As to the traffic accident guilty measurement of penalty and punishing, it should be confirmed according to endangering the size of the result, the attitude of the criminal, the scope of application that distinguishes the penalty and economic punishment.
