Assaulting Police Study

To establish the harmonious society is a great mission and aim in China. The conflict between the police and the demos is one of the huge obstructions in the course of building the harmonious society. There would be not security, orders and protection for citizens' interests in country without the police, let alone its development. However anyone who attacks the police means that the authority of country is being challenged, that the harmfulness to society cognition is more serious than the common crime does. Karl·Marx said that the authority of an insignificant police in a civilized country is more powerful than that of all the organs held in a clan society. What a matter in police-attacking is that it challenges the authority and brings great damage to the whole country. In recent years, along with the increasing violence against the police, more and more police were injured or killed, which is seriously concerned by both scholars and practitioners. A lot of experts think much of the phenomenon. Early in 2003, some deputies to the National People's Congress proposed setting up "attacking police" in the Criminal Code of PRC. It's great urgent to perfect the criminal legislation against the violence against the police. Hence this article has evidently great value from both theoretic and practical point of view. The author analyzed the situation and cause of attacking, police, also drew lessons from legislation and its operation in other countries. Then the writer demonstrated the necessity, and feasibility of setting up "attacking police" in the Criminal Code of PRC. This article is divided into five parts, with about thirty thousand words in total.Part one: The analyses of the situation and cause of attacking police. It's major concern is the necessity of setting up "attacking police". Along with the violence against the police increasing, the number of policemen being killed increases dozens of times compared with situation if a few of years ago. The sanction violent attack towards police is based on item 2 and 3 section 277 of the China Criminal Code of PRC. And the policeman is considered to an ordinary national public servant, which consequently paying no attention to the particularity of the police' job. Therefore, the present law could not give enough protection to the police whose interests are infringed while the criminals received less punishment than they deserved. Only by perfecting the criminal law should we crack down on the violence against the police. Based on the discussion above, it's significant to study on "police-attacking".Part 2: The analyses of the supportive and opponent opinions on setting up the police-attacking. In this part, the author tells us a great variety opinion on setting up the police-attacking, from the theoretic and practical points of views. By analyzing these views, the author rationalizes the setting up the police-attacking. It should be emphasized that we must do away with a false cognition that restraint on the police's power doesn't mean protection for human rights. There are different kinds of things between cracking down on violence against the police and the weight of police's power.Part 3: Draw lesson from countermeasures against the attacking police from the comparative points of views, and the theoretical analysis. It's also about demonstrating the necessity and feasibility of setting up "police- attacking". At present, there are two patterns and three modes about the attack police in the world. One is independent accusation, which is used by the Anglo-American law system; the other is dependent accusation, which is used by the continental law system. In author's opinion, compare with the legislation on interference with the exercise of public functions in other countries, ours is simpler and the punishment is lighter. In the second half of the article, the author search support for setting up the police-attacking from existing theory of law. The author tried to analyze and justify from the perspective of jurisprudence,constitution,administrative law and criminal law.Part 4: Legislation proposal on setting up the attack police in the Criminal Law of PRC. The main point of this part is to conceive the specific constitution of a crime. The writer considered that the attack against police is the crime aiming at obstructing the police carrying out his duty with violence, causing severe consequence (flesh wound, grievous bodily harm, or death) The big problem to set up the attack police independently is that how to deal with the relationship between the attack police and the offence on interference with public functions. It's feasible to separate the attack police from the offence on interference with public functions, according to the different counterpart of action of the offence on interference with public functions. In the meanwhile, we would set up specific sanction standard based on diverse circumstances. For the reason of the same object of crime as the offence on interference with public functions, the writer proposed to put it into the chapter 6 of the Criminal Law of PRC.Anther key point to tell the difference between them is the cognizance of the result of injury. If result in flesh wound; grievous bodily harm or death, the defendant would be convicted of attacking police. If not, but interfering with public functions, the defendant would be convicted of the offence on interference with public functions in the light of section 277 of the Criminal Law of PRC. If neither result in flesh wound; grievous bodily harm or death nor interfere with public functions, the defendant would be announced innocence in the light of section 13 of the Criminal Law of PRC.Part 5: Discussion on the problems which may caused by setting up the police-attacking. The author knows that we wouldn't get all the problems done once and for all after setting up the police- attacking. Not only are our love protections for police, but also respect and support towards them truly needed. The police are also required to change their minds and put themselves into right place at the same time. They must do their best to be the good civil servants.