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Qualitative Study On The Violent Conflict Between Passengers And Bus Drivers During The Bus Operation

Posted on:2016-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:S S HuoFull Text:PDF
GTID:2296330470479570Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In this paper to study the problem is: if the violent conflict between passengers and the bus driver constitutes the crime of endangering public safety when the bus is running in the road. In the violent conflict, there are two subjects, passengers and the bus driver, whose actions can damage the public safety. So this paper will try to find the natures of the both actions respectively.Firstly, the passenger take the violent actions to the bus driver, which is in accord with the four standards which are used to measure the “equivalence”, so it is consistent with the natures of arson, flooding, explosion and throwing dangerous substances. And it is accord with the characteristics of dangerous method. Besides, this kind of violence can endanger public security and the subjective attitude of the passenger is indirect intent at least, so the violence of passengers constitutes the crime of endangering public safety.Secondly, the bus driver should abide by the occupation standard which says that the driver has the duty to safeguard the safety of vehicles and the passengers. If he fights back in spite of the moving vehicle, he will violate the act duty and may constitute the negative crime. The bus is out of control because the driver fights back. It will trigger off a traffic accident very easily, which can endanger public safety. What’s more, this kind of “inaction” is accord with the four standards which are used to measure the “equivalence”, which is consistent with the natures of arson, flooding, explosion and throwing dangerous substances. It is accord with the characteristics of dangerous method. So the act of fighting back constitutes the crime of endangering public safety because negative crime can constitute this crime. In addition, there is another condition is that the subjective attitude of the driver is indirect intent at least.
Keywords/Search Tags:public safety, other dangerous method, equivalence, negative crime, untypical crime of omission
PDF Full Text Request
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