On The Crime Of Obstructing Safe Drivin

While public transportation provides convenience to the public,it also brings risks,among which conflicts between drivers and passengers lead to loss of control of vehicles as the main cause of public transportation accidents.In order to fully protect the safety of public transportation,the Amendment to the Criminal Law of the People’s Republic of China(Eleventh)has created the crime of obstructing safe driving,which provides for separate types of obstructive driving behavior for different subjects,so that all types of obstructive behavior can be effectively evaluated by criminal law.The introduction of this crime has changed the history of nuisance driving behavior regulated by the "Guidance on Punishing Illegal Acts of Obstructing the Safe Driving of Public Transport",and has an important positive role in improving the criminal law network in the field of public safety in China.However,this crime has been implemented for less than two years,and there are still many controversies in the process of theoretical research and judicial practice on some issues,which makes the application of this crime has the difficult problem of unclear legal nature and insufficient refinement of the content of the constituent elements.In order to accurately apply this crime,it is necessary to combine the specific cases to clarify the crime belongs to the specific dangerous crime,explore the substance of the act of obstructing safe driving,the crime composition of this crime,crime form and the distinction between different crimes to analyze and demonstrate,so as to more accurately and effectively combat such obstruction,and provide reference for the future determination of this crime.