随着飚车行为日渐增多,给道路交通带来了诸多不安全因素,严重影响到正常运行的车辆和行人,造成交通秩序的混乱,增加了公共危险发生的可能性。然而现行法律对飚车行为的定罪量刑存在一定漏洞,司法实践中也对飚车行为是以交通肇事罪还是以危害公共安全罪存在争议。对此,本文试结合飚车行为的特征并借鉴国外立法进行简要的法律思考。 With the increasing number of racing activities, many unsafe factors have been brought to the road traffic, seriously affecting the normal operation of vehicles and pedestrians, causing chaos in traffic order and increasing the possibility of public danger. However, the current law has some loopholes in the conviction and sentencing of racing, and the judicial practice is also controversial about the crime of traffic accident or the crime of endangering public safety. In this regard, this article combines the characteristics of racing and learn from foreign legislation to conduct a brief legal thinking.