Research On Several Problems Of The Crime Of Disrupting Public Service

The definition of “the crime of disrupting public service” in current CriminalLaw is drawn from summary of the policies from Criminal Law1979version. CurrentCriminal Law has integrated the specific rules for “the crime of disrupting publicservice” into a unified one. Meanwhile, the current version has differentiated “thecrime of disrupting public service” from “Objection of Implementation for CourtDecision” based on article157th of the criminal law of1979version. So that “Onerule leads to one accusation” has been realized.Study and understanding of the theorycircle of the criminal law on the crime of disrupting public service in our country isstill not deep enough and there are various opinions on the specific judgment of thecrime. And in the practice of judicature, certain judicature explanations are lacking todeal with cases. All these lead to judicial personnel’s deviation and misjudgment tosome extent in dealing with the cases and results in the vague distinction betweencrime and non-crime and different sentences of identical cases, which seriouslyinfluences the impartiality and seriousness of judicial work. In consideration of this,I’m in attempt to adopt the form of raising questions, teasing out current studyachievement and various opinions on the knotty problems about this crime andanalyzing related cases to study and discuss series of difficulties in the judicialpractice.The thesis is divided into three chapters. Chapter1and2refer to the thematicstudy on the certain problems. Chapter3emphasizes on the further analysis anddiscussion about the related problems of crime of disrupting public service on the basis of the former chapters.Chapter1focuses on the object of crime. This chapter is divided into three partswhich respectively study and analyze the constitution of the object of crime fromthree perspectives: firstly, the object of crime should have the identity of statepersonnel; secondly, the behavior of performing duty by the object is legal; thirdly,the object is in the process of performing duty. This chapter illustrates the concept ofstate personnel and raises distinct argument about whether the staffs in the ChineseCommunist Party, the democratic parties,urban management bureau and other relatedpersonnel can be the objects of the crime or not. In the next place, through theanalysis of related cases, the scope of the “law” by which civil servants performs dutyis set scientifically and the clear view of the judgment method and the standard tojudge the legitimacy of act of duty is put forward. In the end, from the intention of thelegislators, I raise the viewpoint that “the preparatory stage is also establish thecrime” and put forward my own views on the judgment standard for “official businesshas been executed completely”.Chapter2mainly discusses the behavior of the crime. It is for the judgmentwhether the behavior accords with the constitution of the crime that I need tosummarize clause277of Criminal Law of China where crime of disrupting publicservice is identified, which means the crime’s definiteness, obstructive andparticularity. On this basis, two specific means, violence and threat, whose legal formand degree are discussed, are deeply studied to provide a reference to solve thespecific problems in the judicial practice. In addition, I put forward my own opinionabout some special situations which may be met in practical operation of the judicialorgans.Chapter3discusses a series of problems related with crime, including therequirements of the crime, the influence of the actor’s subjective sin on the convictionand sentence of the crime and the pattern of crime number. Requirements of the crimeare the key to the judge whether certain behavior accords with the constitution ofcrime of disrupting public service. From my perspective, it should be realized thatthere are distinct differences between the behavior of disrupting public service and justifiable defense, general unlawful acts or minor violations, further limiting theconditions of crime of disrupting public service. Additionally, I maintain that thesubjective sin of the actor is of great importance to the judgment of the crime.Through the analysis of the specific case, it is reached that “using violence to escapefrom punishment meets the subjective content of the crime” and that “using violenceto attack and retaliate can not be attributed to the subjective content of the crime”. Atlast, the pattern of crime number is discussed and I will focus on the research ofconcurrence of articles of law between the crime and the crime of disrupting the orderof the court, the imaginative joinder relationship between the crime and the crime ofintentional injury and crime of intentional homicide and offering a proposal that theregulations of implicated crimes should be further perfected in Criminal Law of ourcountry.