| The Criminal Law Amendment(11)adds the offence of obstructing safe driving,and the addition of this crime has brought the punishment of such acts back to rationality in the judicial organs.As a new crime,there are still many different perceptions between practical and academic communities on this crime,resulting in some difficulties in judicial practice.This paper studies the dilemma of judicial application of the crime of obstructing safe driving from four aspects.First of all,this paper introduces the situation of the judgment documents of the crime of interfering with safe driving,summarizes the characteristics of the judgment documents,and analyzes the judicial application predicament of the crime of interfering with safe driving based on this.The crime of interfering with safe driving mainly has two difficulties,one is the identification dilemma,which mainly includes: the first is the scope of public transport,the second is the scope of the crime subject,the third is the behavior pattern of the crime of obstructinng safe driving,the fourth is the limit of endangering public safety,and the fifth is the special circumstances of interfering with the normal running of public transport.On the other hand,there are difficulties in sentencing,mainly including:one is the dispute over the application of probation with similar crime circumstances,the other is the dispute over the same degree of danger with different penalties.Secondly,The reasons for the dilemma of judicial application of the crime of obstructing safe driving are analyzed in terms of conviction and sentencing.Thirdly,starting from the theory of dangerous crime,this paper briefly analyzes the concept of danger in dangerous crime,affirming that the crime of obstructing safe driving is a specific dangerous crime,and the legal interest of its protection is public legal interest,which reflects the realization of the compatibility of crime,responsibility and punishment,and highlights the value of preventive criminal law.Finally,the following breakthrough path is proposed from the identification of constituent elements.The scope of public transport includes minicabs,online car-hailing,carpooling,private cars.And water buses should also be included in the public transport.The subject of the first two modes of behavior of this crime includes people inside and outside the vehicle.The use of "violence" against drivers should be specific,mandatory and tangible.A scramble control driving control device includes a driving control device for use under special circumstances.When the act of not taking a car can be expanded to be recognized as a preemptive control driving control device,endangering public safety,it shall be convicted as the crime of obstructing safe driving.In the aspect of sentencing,the following breakthrough paths are proposed.Firstly,according to the specific circumstances of individual cases,the limit of endangering public security is determined comprehensively.Secondly,in the judicial application of probation standards should be unified,considering the risk,to achieve the appropriate punishment,to achieve the adaptation of crime,responsibility and punishment. |
