A Research On The Application Of Penalty For The Crime Of Endangering Public Safety Caused By The Conflict Between Passengers And Drivers

The crime of endangering public safety caused by the conflict between passengers and drivers has gradually entered the field of vision of the general public.The discussion of its criminal characteristics and the application of punishment is gradually in-depth.This crime is a criminal act that hinders the safe driving of public transport in the field of public transport driving,because this criminal act conforms to the constituent elements of the crime of endangering public safety by dangerous methods,Therefore,the provisions of the crime of endangering public safety by dangerous methods are applicable to conviction and punishment.Using the information displayed by the judgment in the adjudication document website to sort out the case,we can find certain problems more intuitively.From the point of view of the development process of the crime,most of the crime began with minor contradictions such as getting on and off the bus and changing the change of coins,and then gradually intensified and escalated,resulting in acts such as beating the driver,robbing the vehicle control device,and so on,which seriously hindered the driver's safe driving.Eventually causing the vehicle to get out of control endangers public safety.From the point of view of the result of the crime,the harmful result of this crime should include two aspects,one is the existing realistic material damage,the other is the danger of causing more serious results.In judicial practice,it is easy to ignore the consideration of the risk of causing more serious results,especially in the sentencing process of the perpetrators of this crime,the risk of causing more serious results is particularly obvious.Taking the judgment in judicial practice as a reference,from a macro point of view,the punishment of the perpetrators of this crime in practice is mainly lightpunishment,and most of them are suspended.However,according to the nature of this crime,from a micro analysis of the degree of harm to the legal interests of public security in specific cases,we will find that there are some problems in the sentencing process of this crime,resulting in the final sentence to be discussed.First of all,in the process of determining the benchmark punishment by considering the facts of the crime itself,it is influenced by the traditional empirical criminal law,the reasons are not clear,and it also shows that it ignores the consideration of the danger of causing more serious results.Cases that lead to the risk of more serious consequences are light in determining the benchmark penalty;secondly,the application of sentencing circumstances is also inappropriate,and the mechanized application of voluntary surrender and mitigation of punishment is particularly prominent,failing to take into account the specific circumstances of the case,Where there are circumstances of surrender,the mitigating punishment of surrender is mostly applicable,while the leniency of other common circumstances of sentencing,such as confession,is unclear and unscientific,and there is also improper identification of the circumstances.The content has the problem of repeated application of voluntary surrender,confession and voluntary confession and sentencing in court;finally,due to the improper release of the preconditions for the application of probation,In order to probation and probation of the situation occurs from time to time,found that the substantive conditions of probation in the process of subjectivity,the reasons are not sufficient,not convincing enough.To solve the problems existing in the sentencing practice of this crime.The premise is to carry out sentencing in strict accordance with the three-step sentencing steps of "determining the starting point of sentencing-determining the benchmark punishment-adjusting the benchmark punishment-determining the declaration of punishment",in order to minimize the difference in sentencing.In the identification of the danger of this crime,according to the circumstances stipulated in the judicial opinion issued by the highest judicial organ,the factors affecting public safety in specific cases should be identified,and the basic punishment should be properly adjusted.In the specific process of applying the circumstances of sentencing,we should fully consider the nature of the crime and the circumstances of the crime case itself,cautiously apply surrender to mitigate punishment,scientifically adjust theextent of lenient punishment,and standardize the identification and application of sentencing circumstances.The reasons for sentencing are reasoned in more detail in the judgement.For the investigation of the substantive conditions for the application of probation,we should introduce more scientific and objective identification methods,such as comprehensive investigation system,community hearing system,so that the reasons for the application of probation are fully reliable.In order to guide the penalty application of this crime case more pertinently,it is of great significance to excavate the typical cases and focus on the guidance of sentencing.