Research On The Judicial Determination Of “Criminal Caused By Conflict Between Bus Drivers And Passengers”

In late 2018,the issue of "criminal cases caused by conflict between bus drivers and passengers" became a hot topic of discussion in legal circles.The main issues discussed were,first,whether there was a need to create a new offence of "criminal cases caused by conflict between bus drivers and passengers";and second,how to make a correct judicial determination of "criminal cases caused by conflict between bus drivers and passengers".Some scholars in the theoretical field have put forward the viewpoint of establishing "crimes to obstruct safe driving" and "crimes against road traffic safety." However,this article does not agree with the establishment of new charges for "criminal cases caused by conflicts between bus drivers and passengers." First of all,this article believes that "the criminal case caused by the conflict between bus drivers and passengers" belongs to the category of traffic crimes."Criminal cases caused by conflicts between bus drivers and passengers" have both the characteristics of traffic crimes and their unique characteristics.The classification of "criminal cases caused by conflicts between bus drivers and passengers" as traffic crimes is conducive to the regulation of "criminal cases caused by conflicts among bus drivers".Secondly,although the criminal performance of "the criminal cases caused by conflicts between bus drivers and passengers" is diversified in judicial practice,under the effect of criminal law interpretation,it can still be regulated by existing laws.Our country’s laws have no explicit provisions on "criminal cases caused by conflicts between bus drivers and passengers." At the beginning of 2019,the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the "Guiding Opinions on Punishing Criminal Offenses that Impede the Safe Driving of Public Transport in Accordance with Law"(hereinafter referred to as the Tripartite Joint Guiding Opinions).After the release of the Tripartite Joint Guiding Opinions,the legal basis that can be used to regulate "criminal cases caused by conflicts between bus drivers and passengers" under the existing legal system is composed of three parts,namely the relevant provisions in the 1997 Criminal Law "Guiding Opinions" and relevant administrative regulations.Specifically,the second chapter of the Criminal Law of 1997,Chapter II,the crime of endangering public safety,Articles 114 to 139 involved crimes;Chapter IV,the crime of infringing citizens ’personal rights and democratic rights,Article 246,the crime of insult;Chapter VI: Crime of Disturbing the Order of Social Management;Article 293: Crime of Provoking Trouble.The Public Security Administration Punishment Law(Revision of Public Consultation Draft)issued by the Ministry of Public Security and the Implementation Regulations of the Road Traffic Safety Law of the People’s Republic of China issued by the State Council.The tripartite joint "Guiding Opinions" make it clear that "passengers" are suspected of provoking trouble and crimes of endangering public safety by dangerous methods,and "drivers" are suspected of endangering public safety by dangerous methods.However,the tripartite joint "Guiding Opinions" lacked the provision of negligent crimes of endangering public safety.It can be seen from the above that when the above-mentioned legal basis regulates "criminal cases caused by conflicts between bus drivers and passengers",there are problems such as imperfect provisions,incomplete legal basis,and confusion in the application of administrative regulations and criminal law.Problems with the legal basis directly affect the judicial review of "criminal cases caused by conflicts between bus drivers and passengers".The lack of a unified determination standard also increases the difficulty of judicial determination of “criminal cases caused by conflicts between bus drivers and passengers”.Based on the experience of countries and regions outside the region on the criminal law system similar to "criminal cases caused by conflicts between bus drivers and passengers".This article mainly analyzes the legal issues related to "criminal cases caused by conflicts between bus drivers and passengers" from the perspective of legal benefits and crime composition.The tripartite joint "Guiding Opinions" clearly divides the criminal subjects of "the criminal case caused by the conflict between bus drivers and passengers" into "passenger" and "driver".This article continues to use this classification method.This article believes that passengers are suspected of insults,provocations,crimes of traffic accidents,and crimes of endangering public safety by dangerous methods;drivers are involved in crimes of traffic accidents and crimes of endangering public safety by dangerous methods.The behavior of passengers suspected of insults cannot exceed the scope of affecting the normal operation order of buses.The passengers were found guilty of provoking provocations,and the four provocative behaviors required by the passengers to affect the normal operation order of the bus,but did not affect the safe driving of the bus.Within the scope of the passenger as the subject of the crime,its behavior constitutes the crime of traffic accident and(negligence)dangerous crime of endangering public safety.When judging its behavior judicially,it should be judged whether the behavior is of public danger and whether the public danger has reached the level prescribed by the crime of endangering public safety by dangerous methods.The behavior of the driver also involves the imagination of the crime of traffic accident and the crime of endangering public safety with dangerous methods.If the driver ’s abnormal and dangerous driving behavior violates the traffic management regulations and results in a harmful result,the driver shall be found guilty of a traffic accident if the accident is excluded.On this basis,it is further judged: first,whether the public hazards caused by the driver ’s abnormal and dangerous driving behavior are of a nature equivalent to the public hazards caused by arson,water slamming and so on;second,the public hazards caused by the driver ’s behavior Whether it is intentional.If an affirmative conclusion is reached on the above two issues,the driver should be found guilty of endangering public safety with dangerous methods.