On The Crime Of Obstructing Safe Driving

In January 2019,the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security jointly issued the "Guiding Opinions on Legally Punishing Illegal and Criminal Acts of Obstructing the Safe Driving of Public Transportation"(hereinafter referred to as the "Guiding Opinions").Although the promulgation of the Guiding Opinions has played a guiding role in the handling of cases of obstructing safe driving in practice,its provisions are extremely vague,which is reflected in the unclear boundaries between crimes and non-criminals,resulting in some behaviors obstructing safe driving.There are no corresponding punishments;excessive application of the crime of endangering public safety by dangerous methods violates the basic principle of the criminal law of the crime,responsibility and punishment;different sentences in the same case lead to various problems such as confusion in the application of justice.Based on the needs of preventing risks,cracking down on crimes,and accurately sentencing,the 2020 Criminal Law Amendment(11)regulates the frequent occurrence of obstructing safe driving in my country through legislation,and adds the crime of obstructing safe driving.This kind of behavior has recently been criminalized,and there are still many different views on the understanding,application and judicial determination of the crime in the academic and practical circles.The purpose of this article is to clarify the elements of the crime of obstructing safe driving,and to provide a reference for judicial determination and application.First of all,it analyzes the basic theory of the crime of obstructing safe driving.Including the concept,legislative background and attributes of the crime of impeding safe driving.The crime of obstructing safe driving refers to the use of violence against the drivers of public transport vehicles in motion or rushing to control the driving control devices,interfering with the normal driving of public transport vehicles,endangering public safety,or the drivers leaving without permission on the public transport vehicles in motion.,battering or beating others,endangering public safety.In terms of legislative background,it is mainly sorted out from two aspects: the social harm of impeding safe driving behavior and the insufficient effectiveness of the "Guiding Opinions".In terms of attributes,that is,whether the crime is a specific dangerous crime or an abstract dangerous crime,it mainly includes three different viewpoints in the current criminal law academic circle: "abstract dangerous crime theory","concrete dangerous crime theory" and "quasi-abstract dangerous crime theory".This paper argues that the crime of obstructing safe driving should be an abstract dangerous crime.Secondly,analyze the legitimacy of the crime of obstructing safe driving.First,discussing the theoretical controversy over the criminalization of this crime,mainly including three different viewpoints currently existing and the analysis of this article;secondly,discussing the legislative value of this crime,it mainly discusses from two aspects: making up for the lack of public transport safety criminal legislation and rational rectification of the criminal policy of combining leniency with strictness.Thirdly,analyze the constituent elements of the crime of obstructing safe driving.In terms of criminal subjects,it is divided into drivers and non-drivers.Whether the driver has a driving license or not does not affect the identification of the driver’s identity,but must be considered from the actual driving of the vehicle.The non-drivers are not limited to the passengers on the vehicle,but also include the staff on the vehicle and the persons outside the vehicle who are obstructing safe driving.From the subjective aspect of the crime,the crime of obstructing safe driving is an intentional crime,that is,knowing that one’s behavior will cause harm to society,and hoping or allowing such a result to occur.The determination of intentionality includes two aspects: cognitive factors and volitional factors.At the same time,the purpose and motive of the behavior do not affect the determination of the intentional crime of this crime.In terms of the object of crime,it mainly includes the definition of "public safety","public transportation" and "object of disturbance".First,the concept of public safety is relatively abstract,and the specific situation in practice is relatively complex.There are four different views on the definition of "public safety" in criminal law circles.This article believes that public safety should be the life,health or property safety of unspecified or most people;secondly,this article believes that public transportation should not be limited to the "Guiding Opinions" Third,the objects of nuisance should be public transport vehicles and drivers in motion.There are different theories for the identification of vehicles "in the running".This paper believes that the "vehicle body start theory" is more reasonable,that is,as long as the public transport is not turned off and the engine is still running,it belongs to the crime of obstructing safe driving.In the objective aspect of crime,it mainly interprets "violence","robbing control" and "driving control device" among the three types of behavior.Finally,the relevant issues of judicial determination and application of the crime of obstructing safe driving are discussed.First,the distinction between the crime of obstructing safe driving and non-crime is mainly discussed from two aspects: whether there is an act of implementation and whether there is an abstract danger of "endangering public safety";second,the boundaries between the crime of obstructing safe driving and related crimes,including The boundary between the crime of causing a traffic accident,the crime of picking quarrels and provoking trouble,and the crime of endangering public safety by dangerous means;thirdly,the determination of the mode of cessation of the crime,including whether there is an attempted form of obstructing safe driving,and taking the initiative before the actual harm occurs.There are two parts to whether a crime can be suspended to avoid the occurrence of the result;the fourth,the determination of joint crime,including the determination of the passenger’s joint conduct against the driver to obstruct safe driving,the determination of the driver and the passenger to fight each other and the common obstruction of safe driving,and the fight between passengers.There are three aspects to the identification of common obstruction of safe driving behavior.