Our Country Sets Up Raids The Police Crime's Legislative Research

In recent years, our country raided the police case frequency to send, raids the police method to promote unceasingly, the violent means intensified unceasingly, and presented arises suddenly the tendency organized collective to raid the new tendency which personally the police developed. Raids the police case is specially the violence raids the police case frequency to be present, serious damage country law authority and dignity, whatever if this kind of condition develops, the national law will face carries out with difficulty, has saves not solid danger, the entire society will face the chaotic disorder. Raided the police case to failure to prohibit repeatedly has also encouraged criminal offender's rampant arrogance, caused other members of different social classes not on own initiative to imitate and to challenge the law enforcement authority, endangered seriously to citizen's public security sense, was to the national security, the national order severely impair, to national civil rights strength serious challenge.In addition, raided the police case frequency to send has also violated the performing duties police's law enforcement rights and interests, dampened the enthusiasm which police enforced the law. Raids the police case frequency to send, investigates its reason, also has the society contradictory incisive, common courtesy flaw, media social reasons and so on ugly police propaganda, also has the legislative vacancy, the current law to raids the police case to attack dynamics to be insufficient, creates raids the police cost to be low, the police protects oneself to lack legal causes and so on holding of law, but also has the police forces to be insufficient, serves pan-, police protect oneself to realize and ability inferior Public security organ interior reason.Our country attacks at present raids the police crime, mainly hinders official business crime to determine guilt the discretion of punishment, raids the police crime to send the person casualties or the murder crime determines guilt intentionally by intentionally the assault the discretion of punishment, through raids the police crime legislation condition with the overseas attack the comparison, may see that our country related legal rule raids the police crime to determine guilt the standard to be high, the condition request is quite harsh, the discretion of punishment is too light, waits for further meticulously, to raids police's criminal offender to be unable the proper deterrent and the punishment function, is unable proper to safeguard police the right the function, simultaneously is also unable to manifest raids the police crime and the general hindrance official business crime's difference, is unable to manifest raids the police crimeEssence. To constituted raids police crime constitution important documents and so on crime criminal object, objective aspect, main body, subjective aspect to carry on 11 analyses, and to raided the police crime to determine guilt the discretion of punishment to propose own viewpoint and the view. Must reduce raids the police crime to determine guilt the standard, enhances raids the police crime punishment the penalty standard, simultaneously cannot enhance the criminal punishment unlimitedly the standard, should with frighten in the function in the prison term hypothesis to find a good balance point, achieved the best legislative effect by the time, the promotion attack raids the police crime legislation to consummate unceasingly and to progress.This article unifies the author police the law enforcement work reality, from raids the police crime the present situation, the severely impair, to raids the police crime frequency present reason to carry on the comparative external analysis, analyzes additionally builds in the criminal law raids the police crime's necessity, analyzes earnestly from the legal principle theory of law and the social reality angle sets up raids the police crime's feasibility, simultaneously through to opposed that the viewpoint four spots dispute, the full proof sets up raids the police crime's necessity and the feasibility.Finally the author proposed through "Criminal law Bill for amendment" the form additionally builds in "Criminal law" raids the police crime, and to raided the police crime's concept to carry on the definition:"by the violence, the threat either other methods, hinders People's Police to fulfill the duty legally or to aim at police the resumption implementation to retaliate legally, place below two years the set term of imprisonment, imprisons, the control or the fine; The circumstance is serious, place below two year above five year set term of imprisonment, punishes at the same time the fine. The use violence sends the person severe wound, the death, according to this law 234th,232 determines guilt, punishes severely".