Research On The Application Of Criminal Law To The Crime Of Obstructing Safe Driving

The Criminal Law of the People’s Republic of China Amendment(11)adds the crime of obstructing safe driving.In order to better respond to social concerns and improve the criminal law network,it is necessary to conduct in-depth discussions on the application of criminal law to this crime.The object of this crime is public safety.It refers to the personal rights and property rights of unspecified persons,and specifically includes the personal safety of unspecified persons in the internal space of public transportation and the external driving environment.The act of this offence requires a possibility of creating a serious risk and does not require the consequences of actual damage."Endangering public safety" has independent value,and its expression is vague,and it needs to be judged by "interfering with the normal operation of public transportation".The act of "interfering with the normal operation of a means of transport" has "interference adequacy",that is,temporarily or completely changing the original safe driving state of public transportation,which endangers public safety.There are three main views on the types of crimes of this crime: abstract dangerous offender theory,concrete dangerous criminal theory and quasi-abstract dangerous criminal theory.A specific dangerous offender is a crime in which the provisions of the criminal law stipulate the specific risk of infringement of legal interests as an essential element.An abstract dangerous offender is an offence whose conduct is dangerous to the legal interests protected by the judgement of the legislator.A quasi-abstract dangerous offender is a crime in which the conduct has a legislative presumption of danger to the legal interests protected and the risk of the act needs to be judged in the light of the specific case.The types of crimes of this crime are more special,the clause that obstructs safe driving by non-drivers is a specific dangerous offender,and the clause that obstructs safe driving by a driver is an abstract dangerous offender.The subjective aspect of this crime is intention,and the main purpose of the crime is to achieve freedom of riding or parking.There are two main categories of acts that can constitute this crime and impede safe driving,one is "use of violence",that is,generalized violence that exerts tangible force that can directly or indirectly cause strong physical effects on a person’s body.The second is the "grab control driving control device".Unauthorized departure has independent significance,and when his unauthorized departure behavior reaches the adequacy of interference and endangers public safety,it constitutes this crime.In the case of a driver beating another person in this crime,the premise is that both parties are at fault,and the specific manifestation is that the non-driver obstructs safe driving,the driver loses control of his emotions,and actively breaks away from the control of public transportation to fight back against the obstructor.The situation in which the driver beats others in this crime is based on the verbal provocation of the non-driver,which is specifically manifested as the passenger does not use violence,does not cause physical interference to the driver,but only provokes the driver verbally,the driver is angry,the mood is out,and violence is used against the provocateur.In practice,this crime is the act of obstructing safe driving may compete with the crime of endangering public safety by dangerous methods,the crime of intentional injury,the crime of picking quarrels and provoking trouble,and the crime of causing traffic accidents.The competition between the crime of obstructing safe driving and related crimes should be guided by the result,the risk proportionality should be the standard,and the purpose of achieving a balance of crime and punishment should be achieved,and the crime should be applied in priority when no serious harm is caused;If the above result is caused by minor injury,depending on whether the act is proportionate to the risk of arson,the corresponding crime and statutory punishment shall apply.