从司法解释上看交通肇事罪加重处罚的原因之一是因为行为人肇事之后逃避法律追究。但是,行为人肇事之后由于处于恐惧等原因,大多都会以逃逸来逃避法律的追究,这是人性的趋利避害的本能所决定的,我们也可以说行为人逃避法律追究是具有期待可能性的。那么如此,司法解释的以逃避法律责任作为加重处罚的根据就存在问题。 Judicial Interpretation Traffic Accident Crimes One of the reasons for aggravating punishment is because the perpetrator evaded legal investigation after the accident. However, since the perpetrator is in fear and other reasons, most of them evade the law by escaping, which is decided by the instinct of human nature’s profit and avoidance. We can also say that the perpetrator evades the law and has the expectation of possibility of. So, the judicial interpretation to evade legal liability as a basis for aggravating the problem there is a problem.