妨害安全驾驶罪增设的意义及构成要件解析

An Analysis on the Significance of Creating the Crime of Obstructing Safe Driving and Its Constitutive Elements

摘要: 近年来，妨害公共交通工具安全驾驶的行为时有发生，为了打击此类犯罪，2019年1月8日，最高人民法院、最高人民检察院、公安部联合印发了《关于依法惩治妨害公共交通工具安全驾驶违法犯罪行为的指导意见》，但是治理效果仍不甚理想，依然存在亟待解决的现实问题。基于积极回应社会诉求的需要，同时发挥刑法的社会治理功能，《刑法修正案(十一)》增设了妨害安全驾驶罪，以进一步加强对此类案件的治理。本文将对妨害安全驾驶罪增设的背景和意义，以及溯及力问题和构成要件做简要介绍。

Abstract: In recent years, acts of obstructing the safe driving of public transportation have occurred from time to time. In order to combat such crimes, on January 8, 2019, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued “the Guiding Principleson Punishing Illegal and Criminal Acts of Obstructing the Safe Driving of Public Transportation”, but the effect of such regulation is still not very satisfactory, and there are still realistic problems that need to be solved. Based on the need to respond positively to the demands of society and to bring into play the social governance function of criminal law, the “Crime of Obstructing Safe Driving” was added into the Amendment (XI) to the Criminal Law for the further strengthen of instructions on such cases. In this article, the issue of retroactivity and the constitutive elements of “Crime of Obstructing Safe Driving” will be discussed and the significance of the creation of this crime will be dug out.