Criminal Law Reflections On Passenger Obstruction Of Driving

As the number of public transport vehicles has increased,so has the number of passenger impediments to driving.After the bus fell into a river in Wanzhou,Chongqing,passengers' behavior of hindering their driving has aroused great concern in the society.Therefore,introduced some specification in our country,in order to reduce the occurrence of similar cases,such as "about the punishment to the detriment of the public traffic vehicle safety driving illegal and criminal behavior guidance",the opinion to some extent to reduce similar to interfere with driving behavior has certain positive role,but the behavior crime and crime is blurred,failed to get effective treatment caused many to interfere with driving behavior.Therefore,in order to better deal with similar cases,there are still many problems worth thinking about in the application of law.This paper will respond to these problems one by one.The paper is divided into four parts.The first part briefly introduces the case of a bus falling into a river in Wanzhou,Chongqing,analyzes the necessity of discussing the passengers' behavior of hindering driving,and the criminal law issues that deserve thinking about this behavior.It mainly includes the standard that obstructing driving constitutes a crime in nature and proves whether obstructing driving is a dangerous crime or an actual crime;Under the current criminal law,the offence of hindering driving and endangering public security is generally convicted as the crime of endangering public security by dangerous means.Under what circumstances does the offence constitute an imaginary concurrence with the similar offence? If the act does not reach the condition of constituting the offence,whether it may constitute other charges;Is it necessary to add the crime of obstructing safe driving to the act of obstructing driving in the future? If so,how to grasp the boundary and difference between this crime and other similar crimes?The second part analyzes the standard that passenger obstruction of driving constitutes a crime in nature.Mainly analyze the reason that interfere with driving for dangerous crimes,to discuss what impede the passengers making driving behavior can be a dangerous condition,mainly includes the violent attacks is enough to make drivers lose control of the vehicle and destroy an important safety device is enough to make public transport vehicle out of control,thus it is concluded that not all identified as criminal directly interfere with driving behavior,needs to see behavior of social harm degree.The third part analyzes that hindering driving and endangering public security within the framework of the current criminal law can constitute a crime of endangering public security by dangerous means.It is mainly discussed from the following aspects: the obstructing driver has the mentality of indirect intention to endanger public safety,and some obstructing driving behaviors have the characteristics of endangering public safety,which belong to other dangerous methods;In addition,for the behavior of obstructing driving,the crime of endangering public safety by dangerous means and the crime of provoking troubles and the crime of intentional injury constitute the imaginary cooperation under some circumstances.For example,some behaviors of obstructing driving do not meet the conditions of endangering public safety by dangerous means are likely to constitute the crime of provoking troubles and the crime of intentional injury.The fourth part analyzes the regulation problem of impeding driving behavior in the future.Firstly,it discusses whether the crime of impeding safe driving should be added,mainly on the basis that it is unreasonable to identify the crime of impeding driving as endangering public safety by dangerous means,and analyzes the necessity of adding the crime of impeding safe driving.Secondly,the paper analyzes the boundary and difference between the crime of obstructing safe driving and similar crimes,such as endangering public safety by dangerous means,traffic accident and dangerous driving.