| The 2020 Amendment to the Criminal Law(XI)explicitly stipulates the act of obstructing safe driving on public transport,and responds to the public’s demand for travel safety guarantee in the form of formal criminal legislation.The new crime of obstructing safe driving aims to crack down on the vicious behavior of obstructing safe driving in the field of public transport and protect public transport safety.However,with the introduction of this crime,in judicial practice,there is a "one size fits all" conviction trend for the behavior of obstructing safe driving on public transportation.The crime of obstructing safe driving almost includes all illegal acts without personal injury consequences on public transportation.In addition,Since The Guiding Opinions on Punishing the Illegal and Criminal Acts that Impair the Safe Driving of Public Transport Vehicles(hereinafter referred to as the Guiding Opinions)have clearly stated that the act may refer to the crime of endangering public security by dangerous means.Judicial practice seems to fall into the misunderstanding of putting aside the danger and only focus on the consequences of the damage,which is easy to lead to the imbalance of the crime and punishment or the confusion with other charges.The reason is that it has not formed a unified view of the connotation of "public security" protected by the crime.Secondly,there is no conclusion whether the crime is an abstract or a concrete or specific dangerous crime.In addition,the definition of the specific elements of this crime is not clear,so further study is needed.First of all,the connotation of "public safety" protected by the crime of obstructing safe driving needs to be further clarified.The legal interests of "public security" should be unspecific or majority people,and should also include simple major property safety.Secondly,the root cause of the dispute over the attribute of a dangerous crime in this crime is the inconsistency of its judgment standard.It is more reasonable to identify it as an abstract dangerous crime combined with the legislative background and legislative purpose of this crime.Finally,the specific constituent elements should be investigated and analyzed.We should combine the benefits of the public security law and the attributes of dangerous criminals to comprehensively analyze the specific application and the specific path of the crime and the crime of endangering public security by dangerous methods,so as to deal with the endless new situation in practice.Through the above analysis and demonstration,it can provide a feasible and effective theoretical scheme for the judicial application of the crime of obstructing safe driving. |
