Assaulting A Police Officer Study On The Punishment Of Legislation

The case of attacking police continually occurred, producing intense reversed social effect. It not only contributed criminal' s rampant arrogance, can be the sample of malignant crime, but also depressed police force, wobbled the foundation of fighting against crime, further affecting the psychology of groups of whole society, threatening the security of whole society. The case of attacking police had been the main element to which lead policemen' s death, challenging the authority and dignity of police' s executing law, furthermore should be the way of defying, provoking and trampling the law, seriously desecrating the justice of society. The composer consider that our country should use the experience of other countries for reference, add the item of attacking police in criminal law, stipulating the activity of disturbing police executing law by the way of violence and threaten as the independent crime, and should be punished seriously, in order to maintain the authority of nation, effectively guarantee police to execute the duty.Fist of all, this article summarize the situation of attacking police in our country, accounting for the type, feature of attacking police from the present case and analyzing the course and threaten from it. Secondly, it introduce the lawmaking of criminal law of attacking police in domestic and international, expatiate on the lagged of criminal legislation of attacking police in our country and compare the criminal law on attacking police across the world. Thirdly, discourse emphases upon construction of crime of attacking police.Finally, we draw a conclusion to define the crime of attacking police: the actor the target he attacked is policeman clearly, to the identification of police, use illegal way just like violence of violent measure to attack policeman, the move should be punished. The standard of punishment should be enacted: people who perpetrate the crime of attacking police should be punished the set term of imprisonment under 3 years, detention, restriction, more severe, will be sentenced to prison from 3 to 7 years. At same time, we should distinguish crime of disturbing duty from crime attacking police. This two type of crime was somewhere in common but somewhere in difference. The most difference is the target of crime of attacking police is police officer, the feature is criminal use violence or other illegal way to aggrieve policemen' s right of liberty, right of health, right of life. The target of crime of disturbing duty is servant of nation organ, it perform the feature of disturbing activities of execute duty objectively.