Thinking About The Police Behavior Into The Punishment

Whether civil law countries or the common law countries,the police behavior is an inevitable phenomenon.The police appeared at the beginning of order to maintain social order,and it has become a symbol of social system with the development of evolution.Because the role of the police is a country's social order,the defenders of the people's rights and interests.So the police and their work must have a force and WeChat force with a high degree.Marx once said,"a small state of civilization of the police,have more than the clan society,any organ of authority".The public security organs of our country have been working to maintain the people's democratic dictatorship and the people's lives and property safety,and have made some achievements.So they have been respected and admired by the people.In recent years,with the economic and social development and national legalization,public security organs have been violated more and more in the process of carrying out official business,this behavior can be called the behavior of assaulting a police officer.This behavior is self-evident for a direct impact on the efficiency of law enforcement of public security organs,but from a deeper mining,there are many aspects which is indirect.When the police's lives and health are violated,how to maintain the interests of the people?And what is the state of order stable?It's social harmfulness are more compared to the general crime,and need to pay more attention to.In academic circles,the research on the attacking behaviors focus on its criminal legislation.Supporters think criminal legislation is correct because the behavior can cause serious social harm,and it is in accordance with the basic principles of criminal law.But opponenters think that the development of China's legal system is not yet mature,and it is not enough to support the assaulting behavior of the criminal legislation.In practice,due to the behavior of assaulting a police officer is frequent,and the provisions of the criminal law of our country can not solve these behaviors before,so in August 29,2015,the twelfth session of the sixteenth meeting of the NPC Standing Committee voted through the "People's Republic of China criminal law amendment(nine)".Among them,the twenty-first amendment in article 277 th of the criminal law in one paragraph is added as the fifth paragraph: "the people's police violence is to perform their duties,in accordance with the provisions of the first paragraph shall be given a heavier punishment." Accordingly,"assault" officially settled into the penalty clause.Although the police behavior has been officially into the punishment,the police behavior is concerned with the police in this special subject,and the situation is more complex.In addition,the current provision is only one-sided.Themeaning is that it did not form a complete system.So the study on the attacking behaviors need be more.This article attempts to analyze the formation and reasons of China's current situation,the social consequences of assaulting a police officer.And then it will be combined with the domestic and foreign police behavior of the relevant legislation,and expounds the necessity of China's criminal law the crime of assaulting a police officer,make some opinions for our country police into criminal behavior,solve the judicial issues in today's society frequent cases of assaulting a police officer and assaulting a police officer to a certain extent.