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司法实践中交通肇事罪犯罪主体应由以下人员构成:交通活动参与人;影响交通工具正常行驶的人。在实践当中,交通肇事行为完全有可能由单位来实施,可以构成交通肇事罪。交通肇事罪自首的认定有以下几种情形:肇事后立即停车报警、抢救伤者和财产,后又如实供述自己罪行的;肇事后委托他人报警,自己忙于抢救伤者和财产,后又如实供述自己罪行的;肇事后忙于抢救伤者和财产,未报警或未委托他人报警,但后来能如实供述自己罪行的,能否成立自首,要分不同情形确定。
The main body of crime of traffic accident crime in judicial practice should be composed of the following persons: participants of traffic activities; those who affect the normal traffic of vehicles. In practice, traffic accident behavior is entirely possible to implement by the unit, which can constitute the crime of traffic accident. Traffic Accident Crime surrendered the following situations: the accident immediately stop the alarm, rescue the wounded and property, and then confessed his crimes truthfully; after the accident commissioned others to the police, he was busy saving the wounded and property, and then truthfully confession His crime; After the accident was busy rescuing the wounded and property, did not call the police or did not entrust others to report to the police, but then accurately confessed his crimes, can set up surrender, to be determined in different circumstances.