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Judicial Cognizance Of The Crime Of Impairing Safe Driving

Posted on:2024-09-10Degree:MasterType:Thesis
Country:ChinaCandidate:P X YangFull Text:PDF
GTID:2556306914492934Subject:Law
Abstract/Summary:PDF Full Text Request
After the 2018 bus crash in Wanzhou,Chongqing,there were repeated incidents of passengers interfering with drivers and causing serious consequences,which have seriously endangered public safety.In the face of the people’s demands and the increasingly serious public security situation,our country promulgated Amendment XI to the Criminal Code to regulate the behavior of disturbing the normal running of public transportation,the crime of impairing safe driving was added to provide legal basis for regulating such behavior.The addition of the crime of obstructing safe driving reasonably responds to the opinions of the masses,and makes up for the lack of the criminal legislation on public transport safety,and at the same time,the antisense protection is put forward,which meets the needs of the risk society for public safety,which is the embodiment of the progress of China’s criminal legislation.However,the crime as a new crime in the current judicial practice that there are still some confusion.For example,the judgment of the nature of the crime,the degree of violence,the scope of the driving control device,when the driver’s right to self-defense is established and so on.By referring to the existing research on this crime at home and abroad,and combining with the judicial cases,the paper puts forward its own views on the nature of the crime,the criminal act,the subjective crimes and other issues,in order to help the identification of crimes against safe driving.The paper is divided into four parts:The first part analyzes the legal interests and nature of this crime,first of all,to determine the legal interests of this crime protection for public safety,specifically for the normal safety of public transportation.Secondly,it explains the nature of the crime of impairing safe driving.At present,there are still many disputes about the nature of the crime,this article argues that this crime belongs to the quasi-abstract dangerous crime through the legislative aim,the principle of balance between crime and punishment,and the essential understanding of the dangerous condition.The second part analyzes the constitutive elements of the crime of impairing safe driving,and expounds briefly the space-time condition of the act before the interpretation of the criminal act and the subjective aspect of the crime,it adopts the method of exclusion to "Driving",and expands the explanation of the meaning of"Public transportation means".This crime mainly regulates three kinds of nuisance behaviors,namely,violence,assault and battery.Whether the act constitutes a crime is determined by whether it has "Interference adequacy".When the act can interfere with the normal running of public transport to the extent of endangering public safety,the crime is established.Through the understanding of this crime and will factor analysis that the subjective crime of this crime is intentional rather than negligence.The third part makes a distinction between the crime of endangering safe driving and the crime of endangering public security by dangerous means.To limit the understanding of the crime of endangering public security by dangerous means requires that "Other dangerous methods" should have high probability,serious consequences and open scope.Then compare the two crime risk,specific analysis of interference with the safety of driving when there is a "Risk equivalent" to clarify the relationship between the two crimes.In the fourth part,the author puts forward the path of offending the crime of impairing safe driving.Analysis of the driver’s right to self-defense and the "Proviso"reasonable application.It explains in detail the extent to which the driver can enjoy the right of self-defense when facing unlawful infringement,and under what circumstances the"Proviso" can be applied.This article will clarify the legal interests and the nature of crime in the first step,and then the essential elements of the interpretation.After the act of impairing safe driving is positively identified,the other crime and the act that does not constitute a crime are excluded from the negative side.It is hoped that this interpretation can contribute to the identification of crimes against safe driving,and provide guidance for judicial identification,so as to protect public traffic safety.This article will clarify the legal interests and the nature of crime in the first step,and then the essential elements of the interpretation.After the act of impairing safe driving is positively identified,the other crime and the act that does not constitute a crime are excluded from the negative side.It is hoped that this interpretation can contribute to the identification of crimes against safe driving,and provide guidance for judicial identification,so as to protect public traffic safety.
Keywords/Search Tags:Crime of impairing safe driving, Public safety, Quasi-abstract dangerous crime, Justifiable defense
PDF Full Text Request
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