Legislative Defects And Improvements Of The Crime Of Hindering Pubiic Affairs

The crime of hindering public affairs of China’s "Criminal Law" provisions has many legislative defects. For instance, behavior ways are narrow and are exhaustively listed, the different nature of the behavior objects is juxtaposed in the same terms and the staff of humanitarian relief organization is narrow. These have resulted in regulation of the crime of hindering public affairs badly. Therefore, for the above-mentioned legislative defects, try to make recommendations for legislative improvement as follows:First,"other methods" are added in the legislation, as a "fallback provision". Second, according to the difference of the behavior objects, the crime of hindering public affairs will be decomposed to two accusations. There are both the crime of hindering public affairs and the crime of hindering the fulfillment of duties in assisting. Third, aggravated offense by circumstance is added in the crime of hindering public affairs.The plot and the serious circumstance are distinguished. Legal punishment is equal to degree of social harm about heavier type specifies. And an appropriate increase in the sentencing range for this crime. And the legal punishment is heightened appropriately. Through the above research, it is to expect that it will make the protection Law and the connotation of the crime of hindering public affairs by the ways of legislation or interpretation more perfect, to ensure the social function of the criminal law.