| The addition of the crime of impairing safe driving in the Criminal Law Amendment(XI)is conducive to accurately cracking down on criminal acts that impair safe driving and maintaining public safety in the field of public transportation.At the same time,as a brand new charge,there are some problems in theory and practice,such as unclear attribute of the charge.The first chapter analyzes the object and object of the crime of impairing safe driving.Firstly,the theory of "unspecific or majority" should be adopted for the benefit of "public security." Secondly,"in motion" refers to the dynamic displacement process of the vehicle,"public transport" does not include minicabs.The second chapter focuses on the objective elements of the crime of impairing safe driving.First,in the case of passengers impairing safe driving behavior,the judgment of violence should adhere to the interference adequacy standard.Seizing control usually includes seizing and controlling.Second,in the case of drivers impairing safe driving behavior,the essence of AWOL is to abandon safe driving duties.At the same time,there is room for self-defense of drivers in the critical situation of passengers using violence against drivers.Third,the "endanger" and "harm" public security through the literal interpretation,system interpretation and the three dimensions of the attributes of dangerous crime to understand and distinguish.Fourth,in the case of impairing safe driving,the causality is complicated,so we should analyze the causation of the behavior to the result by combining the degree of violence and the fault of the driver.The third chapter analyzes the subject and subjective elements of the crime of impairing safe driving.First,the subject of the crime of impairing safe driving is not limited to "passengers." When dealing with such cases,judicial officers do not have to worry about whether the actor has the identity of "passenger";Second,the subjective aspect of the crime of impairing safe driving is mainly indirect intention.The determination of intention should have equivalence.Subjective factors such as criminal motive do not affect the judgment of intention.The fourth chapter studies the judicial application of the crime of impairing safe driving and related charges.First,there are great differences between the crime of impairing safe driving and crime of endangering public security by dangerous means.In practice,the crime should be recognized as the crime;Secondly,the crime of impairing safe driving and crime of causing traffic accidents are different in four aspects in the constitutive requirements.The major traffic accidents caused by impairing the safe driving behavior should be convicted and punished in accordance with the traffic accident crime.Thirdly,the author makes a distinction between the constitutive elements of the crime of impairing safe driving and the offense of picking quarrels and provoking trouble.When the two crimes are concurring,the judiciary must be careful to identify the offense with the actual situation of the case,in order to prevent the crime and punishment from violating human rights. |
