| The serious traffic accident in Chongqing in 2018 deeply stung everyone’s nerves and brought great panic to the society.In the 11 th Amendment of Criminal Law,which came into effect in March 2021,the crime of impairing driving was added,but there are still some doubts about the determination of impairing safe driving behavior in practice.For example,the characteristics of behaviors that hinder safe driving include the identification of vehicle driving status,the category of public transport and the definition of public safety.Whether the violence of passengers includes mental violence,and whether the driver’s fighting behavior belongs to self-defense behavior.Judging the dangerous nature of the behavior that impairs safe driving,and the relationship between this behavior and the crime of endangering public safety by dangerous means and the crime of causing traffic accidents.The subjective sin form of this behavior is the definition of intention or negligence,etc.By referring to the theoretical classification of dangerous crimes by domestic and foreign scholars,studying the subjective intention of dangerous crimes,and combining with the cases in judicial practice,this paper puts forward its own views on several frequent disputes of this crime,hoping to help judicial practice.The text is divided into five chapters.The first chapter leads to the problems in the judicial determination of the behavior of impeding safe driving through the form of cases,and takes the legal nature and judicial determination of the behavior of impeding safe driving as the research object of this paper;The second chapter,mainly from the behavior characteristics of the crime of impairing safe driving,defines the driving state of vehicles,the category of public transport and the definition of public safety,and accurately grasps the concept and characteristics of the behavior of impairing safe driving.The third chapter,through combing the theory of dangerous crime,combined with the dangerous nature of hindering safe driving behavior,thinks that this behavior belongs to quasi-abstract dangerous crime;The fourth chapter,from the subjective research,draws the conclusion that the subjective sin form of this crime is intentional;The fifth chapter analyzes the difference between this act and other crimes,and defines the main differences between this crime and the crime of endangering public safety and causing traffic accidents by dangerous methods,so as to achieve the purpose of combining theory with practice. |
