关键词: 交通肇事罪, 肇事人员, 逃逸行为, 法律义务, 司法认定

Abstract: The connotation of hitandrun crime should be grasped from the perspective of legal obligation. After the hitandrun crime, the hitandrun personnel have two obligations that must be fulfilled: the legal obligation of rescuing the victim and protecting the scene and protecting public security. When cognizance escape behavior is recognized in judicatory practice, its specific occurrence opportunity should be grasped. The escaping behavior has the form of attempted escape and suspension, and the escaping behavior and the surrendered behavior should be evaluated separately. As for the circumstances of conviction and sentencing of escaping and the relationship with other circumstances of conviction, it is necessary to judge that the escaping act is the circumstances of conviction or sentencing of the crime of causing traffic accidents in combination with the specific causes of causing traffic accidents.

Key words: traffic accident crime, the person who caused the accident, escape behavior, legal obligation, judicial cognizance