A Comparative Study Of The Crime Of Disrupting Public Service Between China And Korea

The crime of disrupting public service is a crime that violates the role of the state.It refers to the behavior of assaulting or threatening public servants who are performing duties.This crime violates the public function of the state.The crime of disrupting public service has its broad and narrow sense in different definition modes.Laws both in China and Korea have defined the crime of disrupting public service in their Penal Codes.In China,the crime of disrupting public service has been defined in the narrow mode,leading to a single charge.In Korea,the crime of disrupting public service has been defined in the broad mode,referring to a category accusation defined in Chapter 8 of Volume 2 in Korean Penal Code.The difference between Chinese Law and Korean Law reflects the different theories and methods of legislation,which is of great referential value for the two countries.In addition,different objective elements required for declaring the crime of disrupting public service and the different settings of its criminal punishment can be reflected through comparison.This paper will compare and research the crime of disrupting public service of China and Korea,mainly through the method of comparative study and documentary study,comparing the criminal definition,criminal constitution and criminal punishment of the two countries,after which some similarities and differences will be summarized.Inspirations and enlightenments to the legislation of the two countries are expected to be reached.Learning from each other,China and South Korea will jointly cope with the social changes for mutual development.This paper will contain three sections,and the format will be simple and clear.The first section will provide the different criminal definitions of disrupting public service of the two countries.Chinese Criminal Law classifies the accusation according to the alike criminal objects,and declares by a single charge.Whilst Korean Criminal Law classifies the accusation through the alike legal interests.This reflects the different legislative designs under different social systems,and both China and South Korea can learn from each other.The second section will give a comparison from the aspect of criminal constitution,namely comparing through the subject of crime,subjective sense and objective sense.There is not too much difference of the subject of crime and the subjective sense but the objective sense.Korean Law classifies the crime of disrupting public service from the whole aspects of criminal laws,and the related criminal behaviors and criminal targets are very complicated.The advanced theory of Criminal Law reflected from Korean legislation is also worth to be learned by us.The third section will research from the perspective of criminal punishment.Different settings of criminal punishment between the two countries will be explored,and comments on different attitudes toward criminal punishment will be given at last.Through the above three sections,respective advantages between China and Korea on judging the crime of disrupting public service will be researched,compared and summarized.Both China and South Korea can learn from each other,jointly improving their legislations,especially on the crime of disrupting public service.