On The Understanding And Application Of "Endangering Public Safety" In The Crime Of Obstructing Safe Driving

In response to the frequent discharge of safety driving behaviors in recent years,the "Criminal Law Amendment(11)" has added the crime of obstructing safety driving in Article 133,and realizes the social governance function of criminal law through light-type legislation.However,in practice,the identification of this crime often ignores the substantial requirements of "endangering public safety",which leads to improper scope of punishment.At the same time,it is also confused with the crime of harm to public safety in dangerous methods with the same behavior and cannot correctly identify these two crimes.Based on the above problems,this article first analyzes the core elements of the crime of harassment of safety driving,and the concept of quasi-abstract criminals cannot be introduced to the connotation and role when the traditional dangerous criminal method cannot accurately explain its connotation and role.The types of dangerous criminals of safety driving are defined.Secondly,this article believes that the "endangering public safety" in the crime is a limited expression of behavioral risk,and it is the essential provisions of the behavioral elements of the criminal illegal composition;at the same time "Safety" was divided into specific distinctions.Finally,this article proposes the danger judgment path of "endangering public safety",that is,first judge the type of behavior itself;and then specifically judge the danger of behavior,in order to bring a reasonable regulation that can cause the driving behavior of safety driving behaviors a little reference meaning.