Study On Legal Countermeasures Of Police Personnel Security

With the ever-changing social situation, police-attacking incidents have happened occasionally, especially the"SH Yangjia Police-attacking incident"in 2008 which rocked the whole nation. The frequent occurrence of police-attacking undoubtedly caused a sharp negative effect to the society. To populace of China, they wonder how can their personnel security and interest be guarantee? For the Police who represent the nation power is often attacked and their own safety is threatened frequently. Policeman's enforcement right is out of law protection when they are executing law enforcement. Then, what's the reason of it? How to protect the policemen's personnel security when they are enforcing law? There is no doubt that close attention should be paid to this issue at present.The author hereafter will take"police-attacking incident"for example to analyze the basic state and reason for the personnel safety violation when the law enforcement being executed by police, and to demonstrate the deficiencies of the current legislation(especially to demonstrate the deficiencies of the criminal legislation) by comparing and utilizing relative stipulation of foreign countries.Then proposes to recognize the criminal legislation measures that improve relevant provisions on the crime of disrupting public service and to create the crime of assaulting police in our criminal legislation.Chapter 1 shows the basic state of the personnel security violation during law enforcement in Shanghai and around the nation as well, and through the social harm analysis, the author emphasis on the reason and make a summary as below: weak legal awareness of citizens, lopsided view by new media communication, weak operation of the police instrument, criminal legislation deficiencies and so on. Last but not least,"the vital reason of the frequent police-attacking incidents is that the police enforcement power is enable to display for sake of the inadequate enactment of criminal law."Chapter 2 is to analyze the reality and deficiencies of the relevant principle and regulations over the protection of personnel security during the police enforcing law. Firstly, relevant articles in criminal law need to be improved which includes that the criterion of imposing penalty of the disrupting public service crime is over-simple and the punishment seems to be light and gentle, and there is no concrete regulation on the aggravated criminal responsibility. Secondly, the police-defense right is not definitely involved in the criminal law.Chapter 3 aims to state one measure of protecting policemen's personnel security during law enforcement, which is to improve relevant provisions on the crime of disrupting public service.Chapter 4 mainly demonstrates that another measure of protecting policemen's personnel security during law enforcement, which is to create the crime of assaulting police in our criminal legislation.