Study On Judicial Identification Issues Of Impair Safe Driving Crime

The crime of obstructing safe driving regulates behaviors that impede safe driving,and improves the criminal governance system in the field of public safety,but there are still some difficult problems in judicial determination.In order to clarify the nature of this crime,and apply it accurately,this article further analyzes the constituent elements of this crime on the basis of other scholars’ existing views and judicial cases.The research will focus on the following aspects:First,on the basis of clarifying the meaning of "public safety",this article discusses the directive object of this crime,believes the legal interest protected by this crime is formed by the coupling of two public safety inside and outside the vehicle;Second,this article analyze when and where the behavior occurs,believes that the judgment of "driving" should be based on whether the engine is running or not.And the essence of "public transport" is reflected in sociality and publicity,thus small taxis that provide "carpooling" services should also be included;After clarifying the concepts of "violence","driving control device" and "absence without leave",this article analyzes the specific manifestations of impeding safe driving behaviors from the perspectives of non-drivers and drivers;Third,by comparing with "jeopardizing public safety",the meaning of "endangering public safety" in this crime is threatening the personal and property safety of unspecified or most people inside and outside the vehicle.Under the premise of considering the theory of constituent elements and the theory of judgment method,this crime is considered to be a concrete potential damage offense;Finally,after studying the elements of subjective fault form,this article believes that the subjective fault form of this crime is intention.