Research On Judicial Application Of The Crime Of Obstructing Safe Driving

In recent years,extreme and vicious incidents of obstructing driving safety have occurred frequently,seriously endangering public safety.The Criminal Law Amendment of the People’s Republic of China（Eleventh）（hereinafter referred to as the "Criminal Amendment（Eleventh）"）,promulgated on December 26,2020,expressly provides for the crime of obstructing the normal and safe operation of public transportation,thus providing a legal basis for regulating this behavior.The judicial enforcement of the crime of obstructing safe operation is the focus of this paper’s analysis.In the first part,the legislative background of this offense and its rationale are analyzed from the perspective of empirical analysis.Prior to the enactment of the Criminal Law Amendment（Eleventh）,the judicial enforcement of the traffic obstruction offense presented inconsistent standards and an imbalance between the offense and the punishment.The process of criminalisation of impaired driving behavior can be broadly divided into three stages.,the two key points of which are the Guide to the Punishment of Public Transportation Safety Violations in Accordance with the Law（hereinafter referred to as the Guide）,which was issued in 2019,and the Criminal Law Amendment（XI）,which was implemented in 2021,with the phased changes fully reflecting the timely change in legislative philosophy and highlighting the establishment of this crime.The changes by phases fully reflect the timely change in legislative philosophy and highlight the rationale for the establishment of this crime: to clarify the normative base and unify the application of penalties;to address public concerns and deal with social risks;to tighten the criminal network and achieve the convergence of light and heavy;and to manifest the positive vision of criminal law and ensure the balance between crime and punishment.The second part analyzes the criminal elements of this crime by the literature analysis method and the normative analysis method.The object of the crime is public safety;the objective aspect of the crime is to categorize the harmful acts according to the different subjects of the crime,which can be divided into non-driver nuisance acts and driver nuisance acts.In addition,"endangering public safety" refers to the "general public danger" that is not yet imminent,as opposed to the specific public danger that is highly realistic and imminent.The subjective aspect of the crime is intentional and contains elements of knowledge and will.The third part uses comparative analysis to clarify the types of crime.By analyzing the theoretical controversy about the nature of this crime,we clarify this paper’s position that the crime type of this crime is an abstract dangerous crime,and we lay the theoretical foundation for judicial application.The fourth part analyzes the judicial application of this crime using the literature review method.The first is to analyze the similarities and differences between felonies and non-crimes,public safety crimes,traffic crimes and other similar crimes,and the second is to demonstrate the convergence between the new criminal law provisions and the guidelines.Through the above discussion,the judicial application of the crime of obstructing driving safety will be systematically,thoroughly and finely analyzed and demonstrated in order to provide an effective theoretical solution for the judicial application of this type of crime.