Our Country Legal Regulation Of Assaulting Police

As the national administrative power,police are responsible for safeguarding national security and social order with character of armed forces.In recent years,however,violently assaults on a police officer occur frequently.And those acts in terms of the current social situation in China,typify complex subjects,violent tactics,concentrated range,various styles.Frequently assaulting police generates intense and negative effects on the society,thus encouraging the arrogance of criminals with an extremely bad role of crime,and to some extent,dampening the morale of the police with social and civic shake against illegal and criminal acts.The reason why they occur is that with the constantly further development of reform and openings up,redistribution of social benefits,enormous conflicts of interest in social hierarchy as well as misleading of the mass media for attention become the deep-seated and social reasons for above phenomenon.Laws and regulations on the act are quite unequivocal and they are able to hit the mark to some degree through the analysis of current situation of this assaulting act.And yet,due to the hysteretic nature of the law,there are legislative malpractices such as low sentencing,high starting-point^ narrowness of the scope of punishment and single or general legislative provisions etc,in the current criminal legislation and other relevant laws on punishing the acts of assaulting a police officer.As a result,all sectors of society agree to severely crack down the acts of assaulting police officers on legislation in allusion to legislative malpractices on the acts of assaulting police officers.Legislative practice of foreign countries indicates that establishing the crime of assaulting a police officer on the criminal law will effectively contribute to prevention,containment and deterrence of the assaulting act.Absorbing the experience especially from the developed countries and regions on punishment for assaulting act will offer use for reference to the promotion of punishing measures of assaulting act.Moreover,China will acquire significant enlightenment from their good legal protection and system security.In the process of the establishment of the crime of assaulting a police officer,there are different viewpoints among experts and scholars of all parties and the public.It can be drawn that the establishment of the crime of assaulting in China accords with the criminal policy and theoretical basis of law through a combination of theory and practice.Therefore,on the punishment of assaulting act,China should learn the experience from other countries and regions such as an addition of law on assaulting a police officer in the criminal law,and a separate crime on violence or threats to obstruct the police’s performing their duties according to law.Meanwhile,the improvement of other related laws on severely punishment of the assaulting acts will be conducive to safeguard national legal authority and effectively guarantee police’s performing their duties.