Study On The Objective Aspects Of The Crime Of Obstructing Safe Driving

On March 1,2021,the implementation of the criminal law amendment(11)"special added" safe driving crime ",the content of the amendment to further clarify the boundary with" dangerous way ",its not only passengers use violence or rob control driving operation device interfere with drivers normal driving behavior into punishment,but also the driver on the basis of fighting or beating with others into punishment.It is of great benefit to prevent and curb the behaviors that hinder safe driving,enhance the awareness of law abiding,and ensure the safe,stable and orderly safety of road traffic.But because of the "Criminal Law Amendment(11)" has just been issued Soon,the objective aspects of the crime of safe driving elements is not a special systematic discussion,so in the second paragraph of "driving public transportation","use violence","AWOL" and "fight or beat others" and other elements combined with the possibility of endangering public safety,the objective aspects of the crime is very important.This paper uses the literature research and empirical analysis,through logic and semantic analysis and the study of real court precedent,combined with the theoretical and practice reality summary and induction,to analyze the judicial practice of nuisance driving behavior,combined with relevant judicial interpretation to understand and identify the elements in the specific provisions,comprehensive understanding of the objective elements in the crime.Therefore,it is necessary to define "driving public transportation" and analyze the behavior mode of the two subjects of obstructing safe driving,and finally understand the illegal connotation of "endangering public safety" and distinguish it correctly The difference between "endangering public safety" and "endangering public safety" is comprehensive and sufficient objective aspects of the crime of obstructing safe driving.I hope that the shallow analysis of the objective aspects of this crime can be of some help to the theoretical research in China,especially the judicial practice.