Study On The Convicting Of Assaulting Police In China

In recent years, affairs of assaulting police appear increasingly, and the level of violence has also increased year by year. Frequent acts of assaulting police have seriously undermined the authority of public power and the legitimate rights of the police, with great harmfulness to public society. This also led to discussion in the society, especially a wide range of law field.The reasons for this phenomenon include internal factors and external factors, one of which is inadequate criminal legislation. When a police is assaulted, the existing law can not supply due protection so that this kind of crime can not be deterred. Therefore, the legalization of the crime of assaulting police are significant in theory as well as in practice.Chapter One mainly analyzes the status of cases of assaulting police, describes the current characteristics and types of assaulting police and concludes the reasons for assaulting police through realistic cases. The legal hysteresis is one important objective factor.Chapter Two describes the needs of convicting of assaulting police from three perspectives: the need that police should be protected on personal rights and execution rights; the need that assaulting police should be punished and social order should be maintained; the need that existing deficient law on assaulting police should be consummated. Aiming at the current shortcomings of the criminal legislation on assaulting police in our country, the target range of crime of assaulting police is also be analyzed in depth.Chapter Three mainly analyzes the feasibility of legislation on "crime of assaulting police"in theory. There are two viewpoints on the current theoretical circles, respectively, Pros and Cons. This paper is against the Cons by analyzing both sides. On that basis, the paper expound the feasibility of legislation on "crime of assaulting police"from the viewpoint of criminal law, while taking example by the relevant legislation on assaulting behavior from abroad for the legislation on crime of assaulting police in our country.Chapter Four puts forward the construct of legislation on "crime of assaulting police. On the analysis of the constitutive requirement of assaulting police, assaulting a crime will be defined as: the exercise of violence or threats of violence or the actions to impede duties to the person whose identity is fully known as police. This paper sets sentencing range for different crimes of assaulting police, and selects the 7-year as statutory maximum penalty for the crime of assaulting police in order to raise the cost of the crime. The aggravating circumstances are also explicitly stipulated in this paper. According to Competition principles, the crimes resulting in serious injury or death of the victim must be punished for intentional injury or homicide severely.