妨害安全驾驶罪理解与适用问题研究

Research on the Understanding and Application of the Crime of Hindering Safe Driving

《刑法修正案(十一)》新增妨害安全驾驶罪,为依法惩治抢夺公交方向盘,暴力干扰公交司机驾驶车辆的行为提供了刑法上的依据,符合罪刑法定原则以及刑法谦抑性原则的要求,满足了司法审判实际需要以及公众的安全需求。但是,妨害安全驾驶罪在适用过程中存在构成要件要素不明确、立法与司法解释冲突等问题。因此,应当厘清妨害安全驾驶罪设立的理论与现实依据,对存在的问题进行分析,通过明确“危及公共安全”的内涵、遵守司法解释的合法边界、采取“双重竞合规则”处理罪名之间的关系等措施对问题加以解决,以期对妨害安全驾驶罪的合理适用有所助益。

The Eleventh Amendment to the Criminal Law has added the crime of obstructing safe driving,which provides a criminal basis for punishing the act of seizing the steering wheel of a bus and violently interfering with the driving of a bus driver in accordance with the law.It meets the requirements of the principle of legality of crime and punishment and the principle of modesty in criminal law,and meets the practical needs of judicial trial and the safety needs of the public.However,there are issues in the application of the crime of obstructing safe driving,such as unclear constituent elements and conflicts between legislative and judicial interpretations.Therefore,it is necessary to clarify the theoretical and practical basis for the establishment of the crime of obstructing safe driving,analyze the existing problems,and solve the problems by clarifying the connotation of“endangering public safety”,adhering to the legal boundaries of judicial interpretations,and adopting“double competition rules”to handle the relationship between charges,in order to be helpful for the reasonable application of the crime of obstructing safe driving.