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Research On Setting Up Police Assaulted Crime

Posted on:2013-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:S L ZhongFull Text:PDF
Abstract/Summary:PDF Full Text Request
Police State armed with special coercion executive power, its essence is the state of social management and control tools, the purpose of the act of the police is to maintain a certain social order. In the context of social transformation, economic transition, value pluralism, the police implementation of the increased difficulty of social control, conflict intensifies, the continued high incidence of assaulting a police officer behavior, and the trend of deterioration, the community is highly concerned. As early as2003, some experts scholars believe that the lag in legislation is a very important source of assaulting a police officer rampant, called for the addition of assaulting Police. However, scholars have raised objections that enough to make good use of existing criminal law against assaulting a police officer crime. At present, assaulting a police officer acts incrimination as well as how to incriminate the problem is still not conclusive. To sum up, assaulting a police officer acts as a special object of study, to discuss their criminal legislation of the problem, with the value and practical significance.The legitimate rights and interests of assaulting a police officer acts not only against the police, law enforcement damage effects, deterioration of the social environment for law enforcement, it is also easy to contribute to the arrogance of the criminals, so that the people on the state to maintain social order, to protect the rights of the ability to doubt and thus against the authority of the State. Currently, the regulation of the Criminal Law of assaulting a police officer acts only in accordance with the crime of obstruction of official business, intentional assault or intentional homicide crime and other charges shall be punished, and neither reflects the essential characteristics of assaulting a police officer a crime, can not effectively deter and curb the crime in period of Social Transformation will not be able to protect the police the right to a mandatory national public authority to perform effectively. To this end, the author tries to departure from the current status quo of China’s attacks on police and hazards, collect, collate and analyze relevant information, in order to demonstrate the Criminal Law should be established in the argument of assaulting Police. The first part analyzes the type of assaulting a police officer cases, characteristics, development trends and the reality of harm, the second part of the existing status quo of the criminal legislation of assaulting a police officer behavior regulation research and analysis, in order to be refined and improved;, respectively, from the curb assaulting police crime reality requires frequent maintenance of the inevitable choice of the authority of the State the dignity of law, improve our criminal legislation the actual needs of the three aspects of the demonstrated need for additional assaulting Police, at the same time by the passage of the current law experts oppose the introduction of point of view of police offenses to think and to refute the argument of the feasibility of additional assaulting Police. The third part, a brief description and analysis of the status of the foreign assaulting police crime-related criminal legislation, which for our country can learn from experience. The fourth part of the comprehensive analysis of domestic scholars, the addition of assaulting Police legislative proposals put forward specific legislative vision as well as issues related to judicial applicable, in order to be able to better solve the problem of the reality of assaulting a police officer.
Keywords/Search Tags:Principle of liability, Fault-liability, Presumed-fault regulation
PDF Full Text Request
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