Obstruction Of Official Crime Study

The crime of obstruction of official business are specified in our current PenalCode section277, after its establishment in1979of the Penal Code,1997forlarge-scale changes, still maintaining public authority to implement and execute thepunishment impede public behavior plays an important role. But the existing criminallaw on the crime of obstruction of official counts description is too broad, and thereis no clear correlation judicial interpretation of criminal theories of theoreticalexplanation and interpretation are also very small, which resulted in the obstruction ofofficial crime in the judicial practice does not correctly reasonable and limited extentapplicable, in our case the judiciary is not fully independent, obstruction of officialcrime often act as the toughest abuse of government power umbrella, the judiciaryambiguous when applicable, more consideration is whether the perpetrator’s behavioron the government powers constitute a danger or harm, whether the governmentadministrative acts can be implemented and enforced, rather than the perpetrator’sbehavior will be individually evaluated criminal law, even if it is clearly illegal actsof government, the judiciary also do not ask, as in judicial Government practiceappears illegal demolition, land acquisition and other illegal acts, due to lack ofdefects and judicial interpretation of the legislative, judicial consideration is mainlyhow to please and satisfy the government, and set the expense of the legitimateinterests of the people.Obstruction of official crime contrary to the legislativeintention, why? What makes social theory from reconcile the people and thegovernment becomes the social situation of the government and people scramble forprofits it?Based on the crime of obstruction of official legislative intention, and obstructionof official crime under the Risk Society Theory change and the emergence of judicialconduct in-depth analysis of the problem and propose solutions to this problemsuggested that the purpose is to demonstrate obstruction of official crime under theRisk Society defect theory, and to defend the traditional criminal justice system,through theory, practice problems, strengthen their argument view and preventobstruction of official crime was kidnapped risk of social theory and public policy,resulting penalty abused.