1. What is the crime of provoking trouble?
1, the crime of stirring up trouble is the crime of causing traffic accidents. The crime of causing traffic accidents refers to a criminal act that violates road traffic management regulations, causes serious traffic accidents, causes serious injuries, deaths or heavy losses to public and private property, and is investigated for criminal responsibility according to law. The crime of causing traffic accidents is a crime that negligently endangers public safety.
2. Legal basis: Article 133rd of the Criminal Law of People's Republic of China (PRC).
The crime of causing traffic accidents violates traffic laws and regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
Article 133- 1
Crime of Dangerous Driving Whoever drives a motor vehicle on the road under any of the following circumstances shall be sentenced to criminal detention and fined:
(a) chasing racing, the circumstances are bad;
(two) drunk driving a motor vehicle;
(three) engaged in school bus business or passenger transport, seriously exceeding the rated passengers, or seriously exceeding the prescribed speed;
(4) transporting dangerous chemicals in violation of the provisions on the safety management of dangerous chemicals, which endangers public safety.
Motor vehicle owners and managers who are directly responsible for the acts mentioned in the third and fourth paragraphs of the preceding paragraph shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 133 bis
Crime of Obstructing Safe Driving Whoever uses violence or robs the driver of a running public transport to interfere with the normal operation of public transport and endanger the safety of public transport shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or control, and shall also, or shall only, be fined.
If the driver of the preceding paragraph leaves his post without permission on public transport, fights with others or beats others, thus endangering the safety of public transport, he shall be punished in accordance with the provisions of the preceding paragraph.
Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Second, how to identify the crime of traffic accidents
1, object elements, the object of infringement is transportation safety;
2. Objective elements: the crime of causing traffic accidents is objectively manifested as the act of violating traffic management laws and regulations in traffic activities, causing major accidents, causing serious injuries, deaths or heavy losses to public and private property;
3. Subject elements: the subject of traffic accident crime is the general subject;
4. Subjective elements, the crime of causing traffic accidents is subjective negligence.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Criminal Law.
Article 133 Whoever violates traffic rules and has a traffic accident, thus causing a serious accident, causing serious injury or death to people or causing heavy losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.