A Legislation Study Of Criminalization Of Assaulting Police

In recent years, the frequent occurrence of incidents and attacks on police has been increased rapidly, and it has become an unavoidable fact. For example, swearing at police officers on duty, thwarting and sieging to confront against law, assaulting the police officers or even smashing the grass-roots public security organs. What makes people more angry is that after the police has confessed his identity, some of the crowd still clamor “It is the police we are hitting.” It is obvious that the frequent attacks, threats or even violences on the grassroots police have become very serious. In peacetime, police is the most dedicated and dangerous occupation. The behavior of attacking police not only harms the police’s health and authority seriously, but also despises and blasphemes the dignity of national law and social justice.“National security depends half on public security department.” Since the reform and opening up policy, the public security organs have paid the price of “one death per day and four thousand casualties per year” in order to keep the country and its people safe and peace.They have made outstanding contributions! In the period of social transition, the phenomenon of assaulting police needs to arouse our vigilance and reflection. In a country of more than two million policemen, if the grassroots policemen are often perplexed by the assaults or the attacks, it will eventually lead to administrative omission and a chaotic society. Since 2003,some deputies and members have proposed individually or jointly to establish the crime of assaulting police on the NPC and CPPCC meeting, and a number of law-executors, experts and scholars have appealed, but gained little success. The author, as a ten-year-old grassroots police, feels deeply helpless every time my coworkers are abused, threatened or attacked.Although the Criminal Law Amendment Nine defined violence, threats of the police who are performing their duties as crime of disrupting public service, its effects still needs further observation. From the perspective of criminal legislation, based on the basic theory of criminal law, and using empirical research method and comparative research method, this paper studies the legislation of assaulting police crime through the analysis of legislations in countries of common law system and continent law system, and discusses the necessity ofcriminalizing the behavior of assaulting police. The thesis consists of four parts.The first part analyzes the national police casualties in the past five years, especially the assaulting police events occurred nearby or around the country, and summarizes the current Criminal Law need to improve in the following aspects, namely the punishment is not strong enough and wide enough in the behavior of hindering the police in performing their duties,there is a lack of clearly definition of retaliatory attacking police afterwards, and there is a tendency of lighting punishment in the applicable penalty.In the second part, it first summarizes our criminal legislation on acts of assaulting a police officer, confirms the positive achievements in the authority enforcement of the police and the protection of social order, and put forward our expectation in the current criminal legislation. Secondly, by comparing the obstructing official business legislations in common law system and continent law system countries, it summarizes the successful experience of foreign countries to prevent and reduce violence assaulting police in the legislative and judicial aspects.The third part analyzes the criminalizing of assaulting police in our country. First,through analyzing the supportive and objective opinions, it points out the advantages and disadvantages of the two points of view, and then put forward the author’s view. Secondly, it proposes the drawbacks of existing laws in disposing assaulting behaviors. Finally it discusses necessity and feasibility in making the assaulting police behavior a criminal act.The fourth part further studies the legislation of crime of assaulting police. First it proposes the definition of “crime of assaulting police”, then analyzes the four elements constituting the crime, and concludes the implementation safeguards.This paper stresses that for the public security organs and the majority of the police, it is urgent to establish the crime of assaulting police. So serious punish the assaulting police behavior and make it a crime is a requirement for establishing police enforcement authority,as well as a basic requirement of law-based governance.