Research On The Application Of The Crime Of Obstructing Safe Drivin

In recent years,there have been multiple cases in China where passengers seize the steering wheel,causing vehicles to lose control,and passengers use violence against drivers to affect vehicle safety.In particular,the Chongqing bus accident that fell into a river is an example,posing a serious threat to traffic safety and passenger safety.In 2021,the Criminal Law Amendment(11)added the crime of impairing safe driving,but there are still many issues to be clarified regarding the application of this crime.This article takes this as the research direction and comprehensively deconstructs the specific application issues of the crime of impairing safe driving.This article is mainly divided into three parts.The first part mainly analyzes the legal nature of the crime of impairing safe driving.Currently,there are three different viewpoints on the specific legal nature of the crime of impairing safe driving,namely,abstract dangerous crime,specific dangerous crime,and quasi abstract dangerous crime.Abstract dangerous crime refers to a typical dangerous behavior that is punished as a crime,and the possibility of infringement results when the criminal act is identified.Specific dangerous crime refers to an act that takes the actual risk of damage of the perpetrator in the case as a constituent element of the crime,while quasi abstract dangerous crime is in the middle of the two.This article holds that the crime of impairing safe driving is a specific dangerous crime,that is,the dangerous consequences caused by the crime of impairing safe driving should be clear,specific,and prescribed by law,and be actual dangers.The second part analyzes the constituent elements of the crime of impairing safe driving.This article holds that the subject of the crime of "non driver" stipulated in this crime includes not only passengers,but also relatives of passengers and other non drivers who hinder safe driving;"Drivers" not only include drivers with legal driving qualifications,but also include unlicensed drivers;The determination of "driving" should take into account the specific situation of the case,and should not be explained simply in terms of context.Suspension of vehicles waiting for traffic lights and other states also belong to the driving process;Online car rental,taxi,and public transportation vehicles that do not have an operating license shall be counted as public transportation vehicles specified in this crime;The more serious "mental violence" should be recognized as a form of violence provided for in this crime.The third part analyzes the identification of the crime of impairing safe driving.This article believes that there are differences between the crime of impairing safe driving and the crime of endangering public safety by dangerous methods,and analyzes it from four aspects: the object of the crime,the objective aspect of the crime,the subject of the crime,and the subjective aspect of the crime.There should be a distinction between the behavior of drivers who are "absent from duty" and justifiable defense behavior,specifically divided into active absent from duty behavior and passive absent from duty behavior and justifiable defense behavior.