现行刑法对交通肇事罪的犯罪主体是否包括行人并未有明确规定,这必将导致司法实践上的不确定。本文从法律规定和实际情况两个方面论证了行人应成为交通肇事罪的主体,并认为应当区分具体情况区别对待。 Whether the criminal law of traffic crime has included pedestrians has not been clearly stipulated in current Criminal Law, which will surely lead to the uncertainty of judicial practice. This article proves that pedestrians should become the main body of crime of traffic accident from two aspects of the law and the actual situation, and think that we should distinguish between different situations.