Research On The Objective Aspects Of The Crime Of Endangering Safe Driving

It is stipulated in Amendment(XI)to the Criminal Law that whoever inflicts violence on the driver of a public vehicle being driven or grabs the operating devices to try to take control of the public vehicle,disrupting the normal driving of the public vehicle and endangering public security,or whoever,without permission,leaves his or her post on the public vehicle being driven to fight with or assault another person,endangering public security,commits the crime of endangering safe driving.The addition of the crime of endangering safe driving to China’s Criminal Law not only addresses the needs of the people’s travel safety,but also offers a powerful legal weapon with which to punish acts that compromise the safety of public transportation and further clarifies the distinctions between this crime and the crime of endangering public safety by dangerous means.Objective aspects are fundamental elements of a crime.To accurately determine the crime of endangering safe driving,we must thoroughly examine and correctly comprehend the objective factors that the Criminal Law provides for when establishing the crime.According to this article,“a public vehicle” can be a taxi,an e-hailing vehicle,a car used for carpooling,a private vehicle,an unlicensed taxi,or any other vehicle without a license to operate.“Being driven” should be evaluated differently depending on whether the car is moving or stalling.The“violence” of passengers should be evaluated in light of how relevant the public vehicle is to public safety.“Grabbing the operating devices to try to take control of the public vehicle” includes grabbing steering wheels,gearshifts,and other devices that affect the smooth operation of public vehicles.The essence of “without permission”is that the driver disregards the safety of passengers,vehicles parked on the side of the road,and pedestrians,and allows the risks associated with public transportation safety to spread within his or her sphere of influence.Self-defense is only predicated on the interest of protecting the safety of public transportation,so a driver who fights with or assaults another person in violation of the law cannot be excused.This crime of endangering safe driving as a crime that causes specific potential damage is a misdemeanor,while the crime of endangering public safety by dangerous means is a felony.To distinguish the two crimes,it is necessary to consider whether the endangering behavior is equivalent to other dangerous means,and whether the social harm is equivalent to that caused by the crime of endangering public safety by dangerous means.Meanwhile,a reference can be made to the Guiding Opinions of the Supreme People’s Court,the Supreme People’s Procuratorate,and the Ministry of Public Security on Legally Punishing Illegal and Criminal Acts of Endangering Safe Driving on Public Vehicles in judicial practice.