摘要
《刑法修正案(九)》第8条规定的出台,使一直以来严重威胁公众出行安全的校车、旅客运输严重"双超"的现象得到了一定遏制,然而对于旅客运输的范围、旅客运输与校车之间的区别等问题,理论界与司法实务界仍存在较大争议。公安部《严重超员、严重超速危险驾驶刑事案件立案标准(试行)》虽在一定程度上对上述问题作了回应,但仍有诸多问题亟待厘清。旅客运输范围的认定宜以客运行为是否具备长期性、营利性、稳定性为标准,同时应根据客运行为是否具备校车运营资质,进一步界分旅客运输与校车业务之间的范围。
The phenomena of over speed and overload of school buses and passenger transport which seriously threatening public safety have been curbed effectively since the Article 8 of The Criminal Law Amendment(9)was promulgated.For the scope of passenger transport and the difference with school bus,there are still considerable controversies emerged between academic circle and judicial departments.The criminal case filing standards about Dangerous Driving in Overload and over Speed(Trail)by Ministry of Public Security has responded above issues to a certain extent,but there are still many problems to be clarified.According to the provisions of Ministry of Public Security and the judicial practice concerned,it is better to identify the scope of passenger transport by the longevity,rentability and stability of passenger operation.At the same time,we could define the connotation and extension of passenger transport and school bus business based on the operation qualification of school bus.
关键词
危险驾驶罪
旅客运输
班车客运
公路客运
校车
dangerous driving
passenger transport
shuttle bus
highway passenger transport
school bus
