Several Hard Problem Recognizing About Crime Of Disrupting Public Service

Crime of disrupting public service is one kind of common crime, in recent years, the disrupting public service case had the tendency which day by day increased, tallied not really with the harmonious society's main melody. Disrupting public service behavior one hand seriously hinder the advance of country's normal official business, and on the other hand endangers the government workers' personal and other rights because of the violence and threat way's existence .Item 277 of Chinese criminal law is operation defines offence of public though,as it's too simple and abstract, especially is short of the standard of "the method of violence and threat", It's hard to operate in juridical practice. In the field of theory on penal law,discussion on disrupt of public service is less and lack of depth,so affect this kind of case referee standard solemnity and the unity, causes in the judicial practice this kind of case many to be in the crime and the non-crime's critical point, intensify contradiction. So,it's very important to study crime of disturbance of public service for completion of current criminal law and deepening study of science of criminal law. Mainly in a method of integrating theory with practice, this article choice in a concrete case foundation to discuss the hard problems in the intensition of Crime of disrupting public service by carry on the legal principle theory of law analysis and the practice discussion, furtherly propose the suggestion in the judicial practice which carries on for recognize this kind of cases, provides helps to consummate the legislation and to solute similar cases.The article is composed with six parts, approximately 19000 characters.The first part "Main points". He is a suspect to disrupte public service.The second part "Case".The part simplely introduct the process of this case.The third part "Case focal point". There is three focal points of this case:the first is the basic implication of "the method of violence and threat";the second is the intensity of "the method of violence and threat";the third is the undersdation of time adaptation of implementation of public service.The forth part "Dispute and divergent opinion".The fifth part "Legal principle theory of law analysis". This is the main part. Author first discusses the basic implication,the characteristic and the reality performance of the violence and threat, established the violence to include the direct violence and the indirect violence, but the invisible strength should not belong to the violence form which this kind of crime referred to; And injures the object to the threat manifestation to think that might as well leaves the outbreak generalized understanding from author's behavior goal. Then analysis the intensity of violence and threat, proposed explicitly the concept of the violence intensity's lower limit and upper limit, and discuss the principle of management when beyond certain limit; Moreover had the fresh idea to establish threat accomplished offense standard. At last study time adaptation of implementation of public sevice. The period of implementing public service is defined as time from preparation for certain public service to completion of the whole service action and steady results,and correct comprehension on preparatory work and completion of implementation of position and other dispute questions.The sixth part "Conclusion". The conclusion part first to carry on the evaluation of the case. Then exposits this kind of case's occurrence root and behavior's subjective shape,point out in the judicial practice exists recognizition of "sets up the law enforcement authority" and should set up right value orientation and the standard, suggested governed Crime of disrupting public service from two aspects, component socialism harmonious .