A Study On The Judicial Application Of The Crime Of Obstructing Safe Driving

In recent years,various malicious incidents that obstruct safe driving have occurred frequently,causing great harm to public safety.In order to better safeguard the safety of public transportation driving,China has specifically incorporated acts that impede safe driving into the criminal law system.In 2020,China regulated such malicious behavior in the "Eleventh Amendment to the Criminal Law of the People’s Republic of China"(hereinafter referred to as the "Amendment"),which provided a solid legal basis for the maintenance of public transportation safety in China at the legislative level.Although the Criminal Law Amendment(XI)expressly provides for the act of obstructing safe driving,the definition and application of the crime of obstructing safe driving,as a newly created crime,has caused a lot of controversy in the academic community in the course of judicial practice.This article will analyze and explain the problems involved in this crime through literature analysis,normative analysis,comparative analysis,and empirical analysis.The focus of this thesis is to analyze the judicial application of the crime of obstructing safe driving.In the first part,the background and significance of the selected topic,the current status of domestic and foreign research,as well as the research content and research methods are specifically elaborated,so as to gain a deeper understanding of the crime of obstructing safe driving.In the second part,the legislative background and justification of this crime in China are studied,and the data of the crime of impaired driving in recent years are analyzed by means of empirical research,so as to explain the dilemma of judicial determination of the crime of impaired driving at the present stage,and the judicial application of the crime of impaired driving and the nature of danger are determined as the object of this thesis.In the third part,the controversial issues in the composition of this crime are sorted out according to the judicial practice,and the views of this thesis are expounded,including that "violence"should be interpreted in a broader sense,and that "the act of snatching and manipulating a driving device"should be included in the determination of the crime."The definition of "mutual assault" should be based on the specific behavior of the driver.The fourth part is devoted to the confusion in the judicial determination of this crime.The fourth part is devoted to the analysis of the theoretical disagreement of the nature of the crime of obstructing safe driving,and the definition of the crime of obstructing safe driving as a specific dangerous offense in light of the dangerous nature of the crime of obstructing safe driving,so as to better serve the judicial application practice.The fifth part focuses on the definition of the crime of obstructing safe driving and the problem of unclear understanding of self-defense,starting with the identification of the similarities and differences between this crime and similar crimes,including the crime of endangering public safety by dangerous means and the crime of traffic collision,followed by the discussion of whether self-defense can be established in this crime,the conditions for the establishment of self-defense and the definition of self-defense and mutual assault for drivers.This study intends to provide a useful theoretical reference for the judicial application of the crime of obstructing safe driving in China with the help of a systematic discussion,in order to achieve the purpose of combining theory and practice.