| In recent years,the crime of impairing safe driving has increased day by day,and the conflict between drivers and passengers has become one of the hot spots of criminal law research.Because of the increasing number of cases of impairing safe driving,it has seriously affected the public’s travel safety.In the face of increasingly serious public traffic safety cases,China has passed legislation to regulate such acts.With regard to the study of the crime of impairing safe driving,the full text first summarizes and summarizes the case data of the crime of impairing safe driving in the nearly two years from March 2021 to January 2023 on the Chinese Judicial Document Network,in order to gain an overall understanding of the judicial status of the crime of impairing safe driving,and analyze the characteristics of the main subject of this crime,which are mainly male,with a low level of education,mostly middle-aged,and low economic level.At the same time,through statistical data on nuisance behavior and sentencing,it can be seen that the perpetrator’s nuisance behavior is characterized by physical violence committed by non drivers,and the nuisance behavior committed by drivers is relatively rare.The applicable amount of fines is large and not positively related to the principal punishment,and the scope of discretionary sentencing circumstances is greatly influenced by subjectivity,which provides data support for the study of the following issues;Secondly,mainly through analysis of data and cases,it is analyzed that there are some conviction issues related to the crime of impairing safe driving,such as the inconsistent conviction standards of judges,the expansion trend of judicial incrimination,the confusion of the boundaries between this crime and the crime of endangering public safety by dangerous methods among judicial organs,and the existence of judicial organs applying fines in violation of legal provisions,the arbitrariness of determining the amount of fines,and the improper circumstances of paying fines in advance as a discretionary sentencing measure There are disputes about the application of equal punishment to first offenders;Only by fully understanding the issue of conviction and sentencing in judicial practice can we effectively find solutions;Finally,propose corresponding solutions to the above issues.In terms of conviction,clarify the constitutive requirements of this crime,correctly interpret the subject of conduct,nuisance behavior,harmful results,and subjective forms of guilt,and on this basis correctly identify this crime as a specific dangerous crime.At the same time,it is necessary to clarify the boundaries between this crime and the crime of endangering public security by dangerous methods,and clarify the relationship between the degree of cohesion between the two;In terms of sentencing,it is necessary to consider the impact of the income level and special identity of the perpetrator on the amount of fines.In view of the different levels of economic development between regions,different measures of fines should be established to play the preventive role of punishment and ensure the realization of the purpose of punishment prevention.At the same time,it is necessary to expand the scope of consideration of the discretionary circumstances of sentencing,and to standardize the application of the discretionary circumstances of sentencing by judicializing the form of the discretionary circumstances of sentencing for this crime;Finally,it is necessary to increase non criminal punishment measures to prevent criminals from committing crimes again. |
