Doctrinal Analysis Of Criminal Law On Objective Behavior Of The Crime Of Impeding Safe Driving

In recent years,the phenomenon of bus driver conflict has been exposed repeatedly by the media,and there have even been cases of extremely serious casualties and heavy property losses,which has aroused the attention of all sectors of society.All sectors of society also clearly realize that only relying on administrative punishment to crack down on such behaviors can no longer meet the requirements of current risk prevention.In 2019,the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the Guiding Opinions on Punishing Crimes that Interfere with Safe Driving(hereinafter referred to as the Guiding Opinions).Such acts should be severely cracked down on,and perpetrators should be convicted of endangering public security by dangerous means,according to the guidelines.However,this point of view has aroused heated discussion and controversy in the academic circle,and it is generally believed that the behavior of endangering safe driving does not match with the means and degree of endangering public crime by dangerous methods,which has the suspicion of overcorrection.This paper takes the objective behavior of the crime of obstructing safe driving as the analysis point,and on the basis of summarizing,analyzing and referring to relevant theoretical and academic viewpoints,combined with judicial cases,carries out specific research from the following aspects:On the first hand,it analyzes the contents and disputes of the elements of "driving","public transport" and "violence" in objective behavior,and puts for ward its own views.The second aspect,combined with the relevant contents of legal provisions and judicial precedents,lists and analyzes the difficulties in identifying the elements of "snatch control" behavior and "driving control device".The third aspect,for the objective behavior of the crime of "driver","AWol" and "endangering public security" three elements of the empirical confusion of the point of view and analysis,and put forward their own humble opinion.Fourth,driverless technology is becoming more and more mature,and intelligent connected cars are gradually coming into people’s view.In the face of the newly emerging intelligent Internet-connected cars,this paper divides the identification standards of intelligent Internet-connected cars by referring to European and American standards,analyzes what kind of crime constitutes by interfering with the safe driving of such cars,and sorts out the related crimes that the perpetrators may commit after the data of intelligent Internet-connected cars is tampered with.