A Hermeneutic Study Of Crimes Against Safe Driving

As the legislative practice of positive criminal law view,the adoption and effectiveness of criminal law amendment(11)symbolize the establishment of positive preventive criminal law view at the legislative level.Under the macro trend of thought of legislation,the evaluation of the newly established individual crime can not only stay on the legislative trend of the whole amendment,but should go deep into the interior of specific charges and understand individual crime from an objective and comprehensive perspective.In recent years,the cases of impairing the safe driving of public transport are common,which have seriously affected the "sense of public security" of ordinary people,and the voice of punishing such behavior is becoming stronger and stronger.The judicial organs have also noticed the frequent occurrence and serious harm of such cases in practice,and have successively issued "analysis of criminal cases caused by bus driver conflict" and "guidance on punishing illegal and criminal acts of impairing safe driving according to law".However,these responses do not seem to fundamentally meet the needs of criminal law regulation of impairing safe driving Yes.Finally,the legislature stipulated the "crime of hindering safe driving" in the form of criminal legislation,in order to perfect and reasonable criminal law regulation of this kind of behavior.After the establishment of this crime,the discussion of the criminal cases of impairing safe driving should turn from legislative discussion to judicial interpretation.On the premise of affirming the legislative rationality of this crime,it is necessary and of great practical significance to carry out hermeneutic research on this crime from a forward-looking perspective.Based on the purpose of this study,this paper is divided into three parts.The first chapter analyzes the legislative legitimacy of the crime of impairing safe driving.This chapter is divided into two parts: the necessity and value of legislation.In the aspect of legislative necessity,starting from the current situation of social demand and judicial regulation,the public anxiety about their own safety in the risk society is the main reason for the public’s urgent demand to punish the behavior of hindering the safe driving of public transport.However,before the legislation,the effect of criminal regulation on the behavior of hindering the safe driving of public transport is not ideal,endangering public safety by dangerous means Crime is abused in practice,and the relevant judicial interpretation can not achieve the expected effect of the judiciary due to its own shortcomings.The emergence of new charges is a necessary choice to respond to social opinions and judicial needs.In terms of legislative value,the establishment of this crime improves the lack of provisions on the safety protection of public transport in China’s criminal law,corrects the improper criminal policies in the previous stage of judicial practice,and is not coerced by the public opinions with the nature of group polarization,showing a state of reasonable setting.The second chapter focuses on the analysis of the constitutive elements of this crime.This chapter is divided into four parts,respectively,the protection of legal interests of this crime,the establishment conditions,the behavior conditions and the results of the conditions to be dogmatically interpreted.First of all,we must make it clear that the legal interest protected by this crime is "the driving safety of public transport".When the interpretation of the constitutive elements of this crime falls into ambiguity,we should take the protection of legal interest as the starting point to interpret the ambiguous constitutive elements.Secondly,in terms of the conditions for the establishment of this crime,"in motion" should be understood as that the means of transportation are in operation,including both physical movement and mechanical braking.The understanding of "public transportation" should get rid of the original judicial inertia,and understand it in terms of publicity and operation,so as to bring the common means of transportation into its scope Inside.Thirdly,in terms of the specific behavior of this crime,we should implement the typological thinking reflected from the provisions of the criminal law.Based on the behavior types in judicial practice,we should explain the three kinds of behavior concepts of "violence","snatch and control"and "mutual assault" in this crime."Violence" should belong to the lowest level of violence in degree,and violence in broad sense in type "Snatch and control" includes snatch behavior and control behavior,and its classification is based on the strength of the control force of the control device;"mutual assault" should be divided into real mutual assault and unreal mutual assault according to whether there is a prior agreement.Real mutual assault belongs to "mutual assault" in this crime,while unreal mutual assault should be divided according to the specific circumstances of the case Self defense and "fighting each other".Finally,in the consequential elements of this crime,"public security" should be understood from the two perspectives of "public" and"security." public "refers to the majority or unspecified person,while" security"includes personal security and property security closely related to personal security.The third chapter discusses the number of crimes in the judicial application of this crime based on the mode of special provisions of this crime.This chapter is divided into three sections.The first section analyzes the meaning of the article "if it constitutes other crimes at the same time,it shall be convicted and punished in accordance with the provisions of heavier punishment".The article should be understood as the principle that when the perpetrator has only committed one act,he should be punished for one crime.On the premise of determining the specific meaning of the article,the second section discusses the concurrence relationship between this crime and which charges.On the specific level,this crime has concurrence with the provisions of the crime of endangering public security by dangerous means,and in some judicial cases,it has imaginary concurrence with the crime of Affray and intentional injury.The third section is based on the analysis results of the first two pieces,according to the specific cases in judicial practice,to give different analysis of the circumstances of the case,so as to identify the behavior of the actor and apply the charges involved.