Research On The Identification Of The Crime Of Obstructing Safe Driving

The frequency of cases of obstructing the safe driving of public transportation is also rising as public transportation becomes increasingly developed in China.In 2018,the Chongqing bus plunging into the river incident drew significant attention from the public and academia.Subsequently,the legislator incorporated the crime of obstructing safe driving into the criminal law to regulate such behavior uniformly.However,in judicial practice,there is still a certain ambiguity in the determination of this crime.This article adopts research methods such as literature research,comparative study,and case analysis to analyze the dangerous nature of this crime,the definition of its constitutive elements,and the differentiation of this crime from related and similar crimes.The aim is to clarify the issue of determining this crime and provide reference ideas for judicial determination.In addition to the introduction and conclusion,the main body of this article is roughly divided into the following four parts:The first part concerns determining the hazardous nature of the crime of obstructing safe driving.There are three different viewpoints regarding the type of dangerous offense this crime falls under.This part describes the description of this crime and the possibility of transforming danger into actual harm,arguing that this crime belongs to specific dangerous crimes.By correctly determining the dangerous nature of this crime,the specific requirement for establishing the crime is clarified,which involves the particular danger posed to public safety by obstructive conduct.Building on the understanding that this crime is a specific dangerous crime,further efforts are made to define the objective aspects of this crime,providing a framework for accurately distinguishing and describing the crime from similar crimes.The second part concerns the determination of the object and objective aspects of the crime of obstructing safe driving.Firstly,it clarifies the criminal object of this crime,which is the concept of "public safety".In this context,"public safety" does not solely include property safety.Further,it is proposed that the direct object of this offense has a dual nature,encompassing both the internal public safety within public vehicles and the external public safety related to public vehicles.Secondly,the objective aspects of this crime are defined.Based on the actors involved,this crime can be categorized into two behavioral patterns: violent seizure and control obstructive behavior and dereliction of duty-type obstructive behavior.The former involves concepts such as "public vehicle" "in operation" "violence" and "seizure and control",while the latter consists of the definition of "dereliction of duty" and "mutual assault".The accurate determination of the two behavioral patterns can be achieved only by defining these concepts.The third part concerns the determination of the subject and subjective aspects of the offense of obstructing safe driving.Firstly,the subject of this crime is divided into two categories: driving personnel and non-driving personnel.The identification of driving personnel must meet three conditions: the subject must be a driver,the vehicle must be in motion,there must be a violation of duty.As for non-drivers,it generally refers to individuals on board the vehicle.However,there should be no limitations based on identity or physical location,and the scope of identifying such subjects should be broadened to include individuals other than the driver inside and outside the vehicle.Secondly,regarding the subjective determination of this crime,it only encompasses intent,at least indirect intent.The fourth part concerns the differentiation between the crime of obstructing safe driving and other crimes.After formally including this crime in criminal law,achieving accurate determination and application of this crime requires distinguishing it from related and similar crimes.By examining the elements of the crime,the danger of the conduct,and the social harm caused,the boundaries between this crime and other crimes can be clarified,leading to a correct understanding of the crime of obstructing safe driving.