A Qualitative Study Of Bus Passenger Interference With Driving Behavior

With the continuous change and development of public transport,although it brings more convenience to people's daily travel,it also causes more social problems.Especially between the driver and the passenger,there are often conflicts,quarrels and then extreme actions,which will cause serious property losses,even casualties.There are many ways for the passenger to interfere with the driving behavior,which can not be listed one by one.In practice,the most common cases are passengers seizing the steering wheel or beating the driver.In this kind of cases,the focus problems include: first,how to identify the objective behavior of the accident passenger;second,the judgment of the subjective psychology of the accident passenger.There has been a great controversy in the academic circles on these focus issues,mainly involving three views: the crime of endangering public safety by dangerous methods,the crime of causing traffic accidents and the theory of innocence.On the surface,all of these theories have their own reasons,but it will be found that there is still a lot to be discussed after in-depth discussion and analysis.Because in real life,the objective situation of the cases of passengers grabbing the steering wheel and beating the driver is complex and diverse,such as the traffic situation,the number of passengers,the danger of the area,etc.,and such complex objective situation also affects the judgment of the behavior nature and subjective mentality of the accident passengers.Therefore,the accusation of the passengers involved in the accident should not be generalized,and the "one size fits all" approach is quite unreasonable.Through the comparative analysis of the two selected cases of passengers seizing the steering wheel and beating the driver,and combining with the theoretical point of view and the objective situation,this paper discusses the objective behavior and subjective mentality of the passengers causing the accident,and obtains the qualitative criteria of the cases of passengers seizing the steering wheel and beating the driver,That is to say,we should analyze the specific problems,adhere to the principle of the unity of subjective and objective,and the principle of legality,and punish the passengers' behaviors in strict accordance with the constitutive requirements of criminal law.