The Legal Analysis Of Assaulting Case In Shan Xi Han Cheng

In recent years, some significant violent police-attacked incidents are frequently occurred throughout country, which have certain negative impact on the social order and personal security of the people’s police is suffering a serious threat as well. After dedicating their precious life to these causes, the appearance of the same crime with different sentence in judicial practice is due to the imperfections of laws and judicial interpretation. This phenomenon, to some extent, equates to doing harm to the victim’s families again. This is what we do not want to see. In view of this, this paper puts forward the deficiency existing in our laws and judicial interpretation through a real case, meanwhile, the author also gives her own opinion and suggestion.Take the police-attacked case in Han Cheng of Shan Xi Province as example, first of all, this paper gives a brief introduction of the case process and trial results, then points out the focus of controversy in this case and conducts a comprehensive analysis of every focus of dispute. Based on the above analysis, the author gives her own idea about how to determine the nature, crimination and sentencing in this case. Finally, the author proposes her own solution to the controversial issues of the case:We should refine rules and judicial interpretation of the robbery from the late action in criminal law to reduce even put an end to such things happen in the future. In the meantime, the author puts forward her own countermeasures to decline the happening of police-attacked incidents. Details of the topics discussed by the author expect her personal views contributing to establish a fair and impartial judicial order and reduce the happening of police-attacked incidents of modest strength.