The crime of obstructing safe driving refers to the behavior of passengers using violence or snatching driving control devices against the driver of a moving public transport vehicle, interfering with the normal operation of the public transport, or the driver beating each other with others, endangering public safety.

In recent years, behaviors that hinder safe driving, such as snatching the steering wheel on public transportation, beating drivers, and arguing with passengers or leaving their jobs without permission, fighting with passengers, and beating each other, have occurred from time to time, seriously threatening road traffic safety, causing serious casualties and property losses, and becoming public safety issues that cannot be ignored. Especially after the "10·28" bus crash in Chongqing in 2018, it has aroused strong concern from the whole society, and calls for strengthening the safety protection of bus drivers and severely punishing illegal and criminal acts that hinder safe driving are rising. On January 8, 2019, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security issued the Guiding Opinions on Lawfully Punishing Illegal and Criminal Acts of Obstructing Safe Driving in Public Transportation. It stipulates: "If a passenger snatches the steering wheel, gear lever and other control devices, beats or pulls the driver during the driving of public transportation, or has other behaviors that endanger safe driving and endanger public safety, and has not yet caused serious consequences, he shall be convicted and punished as the crime of endangering public safety by dangerous methods in accordance with the provisions of Article 114 of the Criminal Law", "During the driving of public transportation, the driver violates the operation or leaves the post without authorization after a dispute with the passenger, and fights or beats each other with the passenger, endangering public safety, Where serious consequences have not yet been caused, they shall be convicted and punished as the crime of endangering public security by dangerous means in accordance with the provisions of Article 114 of the Criminal Law". The guidance conveys to the whole society the firm determination of the public security and judicial organs to resolutely punish illegal crimes that hinder safe driving, and enhances the public's awareness of safety, rules and the rule of law. However, this guidance clearly contradicts the legislative intent of article 114 of the Criminal Law, which stipulates that "endangering public security by dangerous means".

The crime of endangering public safety by dangerous methods refers to the use of other dangerous methods comparable to arson, flooding, explosion, release of dangerous substances and other dangerous methods to endanger public safety. Does not have the criminal purpose of endangering public safety and directly and intentionally obstructing safe driving behavior, such as passengers asking to stop halfway, get out of the car and argue with the driver, snatch the driving control device, interfere with the normal operation of public transportation, although endangering public safety, but it is not comparable to the danger of arson, flooding, explosion, release of dangerous substances, etc., especially the subjective malignancy is far lower than arson, flooding, explosion, release of dangerous substances and other criminal acts with criminal purposes endangering public safety and direct intention.

The legislature has noted the inappropriateness of the guidance, and article 2 of the recently promulgated Amendment (11) to the Criminal Law of the People's Republic of China stipulates that an article shall be added after Article 133-1 of the Criminal Law as Article 133-2: "Whoever uses violence or robs the driver of a moving public transport vehicle to interfere with the normal operation of the public transport vehicle and endanger public safety shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or surveillance, and shall be fined concurrently or alone." "Where the driver provided for in the preceding paragraph beats each other with others, endangering public safety, he shall be punished in accordance with the provisions of the preceding paragraph." "Whoever commits the acts mentioned in the preceding two paragraphs, causing death or injury or other serious consequences, and at the same time constituting other crimes, shall be convicted and punished in accordance with the provisions on heavier punishment."

(This article is translated by software translator for reference only.)