On the nature and judicatory application of dangerous crime against safe driving: a proposal for the concept of quasi-abstract dangerous crime
SUN Yongxing;Criminal Law School, East China University of Political Science and Law;
Amendment(Ⅺ) to the Criminal Law added the article of the crime of disrupting safe driving. Under the traditional dichotomy of dangerous crime, theoretical contradictions and practical drawbacks will occur whether the crime of disrupting safe driving is treated as an abstract dangerous crime or a concrete one. Therefore, China can regard the crime of disrupting safe driving as a quasi-abstract dangerous one between the concrete and the abstract by referring to the German and Japanese theory of quasi-abstract dangerous crime. On the one hand, the crime is not established merely upon the implementation of the constitutive elements of the act, since the dangerous degree of the act itself is also to be considered. On the other hand, there is no need to create a specific, present and immediate state of danger as a result. In terms of judicial application, the regulation of obstructing safe driving can be realized through four ways varying in degrees of severity: administrative punishment, crime of obstructing driving safety, dangerous crime of endangering public security by dangerous means, and actual damage offense of endangering public security by dangerous means.