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Research On The Crime Of Impairing Safe Driving

Posted on:2022-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:W Q ShengFull Text:PDF
GTID:2506306773990719Subject:FINANCE
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In recent years,the cases caused by driver passenger conflict have gradually become one of the hotspots of criminal law research.Especially after the bus falling into the river in Wanzhou,Chongqing,the potential harmfulness of impairing safe driving has drawn great attention from public.Before the the criminal law amendment(11)go into effect,there was a debate on whether the act of impairing safe driving was an independent crime in the theoretical circle.The new amendment ultimately made the crime of impairing safe driving an independent crime,announcing the end of this debate.Focusing on Article 133 bis of the criminal law as an object of mine,this paper analyzes the cases of impairing safe driving in combination with the guiding opinions on punishing unlawful and guilty acts harm for driving safely in public transport(hereinafter referred to as the Harm for Driving Safely Guiding Opinions)commonly issued by 3 section which are the Supreme People’s Procuratorate,Supreme People’s court,and the Ministry of public security in the year 2019.This paper discusses the Constitution and judicial application of the crime by combing the development context of the act of harm for driving safely.The main content of this paper focuses on the following parts for discussion: first,the nature of the crime of impairing safe driving.This crime belongs to abstract dangerous crime or specific dangerous crime,which is hotly debated in the theoretical circle.This paper believes that this crime belongs to specific dangerous crime,and only the behavior endangering safe driving enough to endanger public safety can constitute a cost crime.The second point is the comprehensive elements of this crime."Public transport" in this crime includes;"In motion" means;As for the "violence" in this crime,violence in a narrow sense should be adopted.The so-called grab and control refers to grab and control.The third is about the exercise and restriction of the driver’s right of self-defense.This paper holds that when the violence degree of illegal infringement is not enough to cause serious injury and above consequences,the counterattack behavior of drivers should not be recognized as justifiable defense.In the case of serious violence,for example,the illegal infringer committed an attack with a knife,the means are usually likely to cause serious injury or even death of the driver.In this case,even if the driver counterattacks the perpetrator before stopping the car,it should also be recognized as legitimate defense.Fourth,the retroactivity of this crime.The presentation of the criminal law amendment(11)did not modify the constituent elements of the crime of endangering public safety by dangerous methods,but only added the crime of harm for driving safely.If the act of impairing safe driving implemented before the implementation of the criminal law amendment(11)originally constituted the crime of endangering public safety by dangerous methods,it should be recognized as the crime according to law,and the code which means "from the former and from the lignter" should not be wrongly applied to change it into the crime of impairing safe driving.On the contrary,it should be recognized as innocent according to law.
Keywords/Search Tags:Crime of impairing safe driving, Specific dangerous crime, Public transport means, Violence, Retroactivity
PDF Full Text Request
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