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There is no crime of "endangering traffic order", and those who endanger traffic order may be suspected of endangering public safety by dangerous means, destroying means of transportation, or destroying transportation facilities according to the circumstances of the crime.
Article 114 of the Criminal Law [One of the crimes of arson, breaching water, **, disseminating dangerous substances, or endangering public safety by dangerous means] Whoever commits arson, breaches water, or releases poisonous, radioactive, infectious disease pathogens or other substances or endangers public safety by other dangerous means, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 115 [Crime of arson, breaching water, **, disseminating dangerous substances, and endangering public safety by dangerous means II] Whoever causes serious injury or death to a person or causes major losses to public or private property by setting fire, breaching water, or disseminating poisonous, radioactive, infectious disease pathogens, or other substances or other dangerous methods, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Whoever negligently commits the crime in the preceding paragraph is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment or short-term detention is to be given.
Article 116 [Crime of Destroying Means of Transport] Whoever destroys trains, automobiles, trams, vessels, or aircraft is sufficient to cause the train, automobile, tram, vessel, or aircraft to be in danger of overturning or destroying them, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Article 117 [Crime of Sabotage of Transportation Facilities] Whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities that are sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but have not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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Yes, for example, when jumping off a building, there were a lot of onlookers and blocking the road.
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Legal analysis: The law does not stipulate the crime of endangering public transportation safety, and generally refers to the crime of endangering public transportation safety in the category of crimes endangering public safety, such as the crime of destroying vehicles. Anyone who destroys trains, automobiles, trams, boats, or aircraft is sufficient to cause the train, automobile, tram, boat, or aircraft to be in danger of overturning or destroying them, and the funnel has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Legal basis: Article 116 of the Criminal Law of the People's Republic of China stipulates that the crime of sabotage of means of transportation, sabotage of trains, automobiles, trams, boats, and aircraft, which is sufficient to cause the train, automobile, tram, boat, or aircraft to overturn, destroy, and wear out, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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Legal Analysis: Assembling a crowd to disrupt order at stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports grounds, or other public places, assembling crowds to block traffic or disrupt traffic order, resisting or obstructing state public security administration personnel from performing their duties in accordance with law, and the circumstances are serious, is a crime of obstructing traffic order.
Legal basis: Criminal Law of the People's Republic of China: Article 291 Where a crowd is gathered to disrupt order at stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports grounds, or other public places, or to block traffic or disrupt traffic order, or to resist or obstruct state public security administration personnel from performing their duties in accordance with law, and the circumstances are serious, the ringleaders are to be sentenced to up to five years imprisonment, short-term detention, or controlled release.
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The crime of endangering public safety is not a traffic accident, and the crime of causing a traffic accident is a crime of endangering public safety. China's "Criminal Law" stipulates that anyone who violates traffic and transportation management laws and regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years. Article 133 of the Criminal Law.
Article 116 of the Criminal Law of Yuanchang Prefecture Whoever, for the crime of destroying a means of transport, destroying trains, automobiles, trams, vessels, or aircraft, which is sufficient to cause the train, automobile, tram, boat, or aircraft to overturn or destroy them, and has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 117 of the Criminal Law Whoever commits the crime of sabotaging transportation facilities, destroying tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carrying out other sabotage activities that are sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but has not yet caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Legal basis:
Article 377 of the Criminal Law of the People's Republic of China [ Crime of Intentionally Providing False Enemy Information in Wartime ] Whoever intentionally provides false enemy information to the armed forces during wartime, causing serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; where especially serious consequences are caused, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given.
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Legal analysis: The law does not stipulate the crime of endangering public transportation safety, and generally refers to the crime of endangering public transportation safety in the category of crimes endangering public safety, such as the crime of destroying vehicles, the crime of destroying transportation facilities, the crime of hijacking aircraft, the crime of causing traffic accidents, etc. Therefore, in order to discuss the specific sentence of several years, it is necessary to look at the specific crime in light of the actual situation in order to reach a conclusion of how many years to be sentenced.
Legal basis:
Article 116 of the Criminal Law of the People's Republic of China provides for the crime of sabotage of means of transport, where the destruction of trains, automobiles, trams, vessels, or aircraft is sufficient to cause the train, automobile, tram, vessel, or aircraft to overturn or destroy the danger of overturning, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Article 117 stipulates the crime of sabotage of transportation facilities, and whoever destroys tracks, bridges, tunnels, highways, airports, waterways, lighthouses, signs, or carries out other sabotage activities that are sufficient to cause the danger of overturning or destroying trains, automobiles, trams, ships, or aircraft, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
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Legal Analysis: The object of the violation of this crime is the order of public places or the order of traffic correction. Order in public places refers to the rules of public conduct prescribed to ensure that the public can safely and smoothly exit and use public places.
Legal basis: Article 291 of the "Chinese People's Common Hunger and Disorderly Transport and the Criminal Law of the People's Republic of China" Gathering crowds to disrupt order at stations, docks, civil aviation stations, shopping malls, parks, theaters, exhibitions, sports grounds, or other public places, gathering crowds to block traffic or disrupt traffic order, resisting or obstructing state public security administration personnel from performing their duties in accordance with law, and the circumstances are serious, shall be sentenced to up to five years imprisonment, short-term detention, or controlled release to the ringleaders.
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Sentencing for the crime of causing traffic accidents: Whoever violates traffic and transportation management regulations, resulting in a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Wait a minute.
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