On The Establishment Of The Crime Of Hindering Driving Safety

In recent years,there have been frequent acts of impairing safe driving,resulting in a growing trend of criminal cases.Even some cases have serious consequences of car crash and death.Such acts have seriously endangered the lives and property of the people and caused bad social effects.In.2018,the Chongqing bus crash incident shocked the whole country.This has aroused widespread concern and discussion of such behaviors and related cases in the whole society.How to protect public safety in the field of road traffic and how to effectively prevent and punish such crimes has become a hot topic.Some cases are directly involved in criminal proceedings.Different penalties are neither conducive to the expansion of judicial practice nor to the dignity of the law.After that,China issued two guidance documents for such cases,and set up a unified standard for dealing with such cases in judicial practice,that is,whether serious consequences are caused by nuisance.In accordance with the provisions of the 114 th and 115 th paragraphs of the criminal law first,it is convicted and punished.Since then,the application rate of 114 th criminal cases in such cases is the highest.However,such cases do not always meet the danger of applying the crime.The guiding documents do not take into account the discrepancy between such cases,and they all apply to 114 th and 115 th first sections of the criminal law.The majority of such cases are obscure and rough.The judiciary is "balancing" the relationship between crime and punishment.It has to declare the probation on the 114 th part of the criminal law while it applies to the perpetrator.This practice has obviously violated the requirements of the principle of balance between crime and punishment.Some behavior types are still in a blank state in legislation,and the scope of "public transport" stipulated by them is too narrow,which is not conducive to punishing crimes and protecting human rights.Only by clarifying the concept and characteristics of a certain behavior can we accurately define such behavior.Obstructing safe driving behavior means that the actor interferes with the driver or key operating device of the motor vehicle,thereby affecting the driver’s control of the motor vehicle,so that the driving motor vehicle is out of its normal operating state.Acts that cause or may cause some damage to the result.It can also be seen that there are three characteristics of this kind of behavior,namely the particularity of the behavior object,the danger of the behavior mode,and the complexity of the action mechanism.Based on this,considering the frequent andfrequent occurrence of such cases and the high risk of obstructing the conduct itself,the current criminal law regulations have limitations in application and other realities,and the "criminal of obstructing safe driving" should be added in due course.The addition of this crime not only can make up for the shortcomings of the existing criminal law norms,but also can accurately distinguish the charges of the existing criminal law.In the specific legislative operation,the extra-territorial legislation can also provide useful reference.After the addition of this crime,it will be placed in Chapter 2 of the Criminal Law Subsection,after Article 115 of the Criminal Law,with two sentences for basic and aggravated crimes,to achieve accurate evaluation and effective regulation of such acts.