Probe Into Criminal Legislation Of Assaulting Behavior In China

With the rapid development of society, the public security organs in preserving public order and service people, increasingly arduous tasks of socialist economic construction, under the influence of many comprehensive factors of violence assaulting events occurring from abusive name-calling, siege prevented, to violence against France, malicious damage, assaulting a police officer means an escalating, has seriously infringed upon people's police of personal security and life safety. Assaulting a police officer is a serious criminal act, was defiant to national law, serious blasphemy to social justice; it is not only disturbing public order, and obstructing the normal management of the State organs, social, and harmful to national dignity and authority of the law, undermine national legal environment, eventually leading to the safety of the people, freedom and rights cannot be protected. In recent years, the community for assaulting a police officer acts should be separate into criminal legislation expanded the scope of intense discussion. Since 2003, has a number of deputies to "set up in the criminal law provisions in the crime of assaulting a police officer" as an official motion submitted. I see "cnki" crime of assaulting a police officer involved in all of the master thesis (from April 2006, a total of 17 articles), the vast majority of perspectives agreed that special protection should be provided for police enforcement of criminal law, should draw on the practices of the common law countries, the establishment of crime of assaulting a police officer, such special protection is the police authority and the authority of the State, the protection of the dignity of the law. In addition, some scholars believe that the current legal provisions, including the Penal Code is sufficient to dispose of all forms of assault on police behavior, enough to protect law enforcement by the police without infringing the right, there is no need to set up crime of assaulting a police officer.As a policeman, the writer through the analysis of the phenomenon of assaulting a police officer at the present stage, drawing on legislative pattern of the countries around the world in terms of assaulting police officers, and through the analysis of domestic opposition views separately, trying to come to the point: China is a socialist country under the law, taking an existing criminal law offences, from a legal point of view of cost savings in judicial practice, at this stage of the criminal code is not necessary for this clear, a special body set up by the police crime of assaulting a police officer, and establishment of the crime of assaulting a police officer has the potential to contribute to the police abuse of power, have a counterproductive effect. Establishment of the crime of assaulting a police officer does not effectively address the problem of attacking police, on the premise of additional crime of assaulting a police officer not, drawing on civil law of France, and Germany, and Italy and other countries approach, perfecting the legal provisions on the question of assaulting police officers, more reasonable and practicable. For the current legislative regulations of assaulting behaviors, the writer considered it to be considered in the increase in the crime of disrupting public service provisions of the Penal Code "aggravating circumstances" clause to address the problem of the existing statutory crime of disrupting public service penalties too light, for obstruction of official business at the same time elements, the appropriate circumstances of the crime of assaulting behavior separately. Finally, the article on improving the compatibility of the provisions in relevant laws, regulations put forward his own proposal. This forms a targeted, actionable combat the assaulting a complete legal system, so that any form of assaulting a police officer cannot escape legal sanctions.