A Probe Into Law Issues Of Heating System Reform In China

In recent years,actions of attacking police happens so much,which not only violates the personal rights and interests of policemen,but also affected the social order seriously and show contempt for dignity of law.Behaviors of assaulting police aggravates the social unrest and causes the social panic to a certain extent.Actions of attacking police continue despite repeated prohibition,which has their deep social grounds which is our country’s criminal law exists defectiveness.Based on this fact,this article uses the method of case analysis,literature research and comparison research method,by the logic way of thinking to put forward problems,analyse problems and solve the problems to research relevant problems about actions of attacking police.This article demonstrates the behavior of assaulting policemen systematically concerning many aspects and puts forward specific legislative ideas.The first part,it is lead to the source of the problem that analyzing several typical cases of assaulting police at home and abroad recently:first,compared the two domestic cases,criminal legislation of assaulting police behaviors at present in our country is not clear;Second,comparing the typical cases at home and abroad found that protection of the rights and interests of police and citizen is associated with the legislative model.The second part,the part analyzes the defects of criminal legislation of assaulting police multidimensionally.Primarily,the particularity of the police power requires special legislation for the crime to violate such rights,but the current system of crime can not meet the requirements fully;Posteriorly,the current system cannot punish the behavior of assaulting police effectively:first,current system of crime attends the rights and interests of police insufficientlly;Second,the scope of pratection of the body of attacked police exists gaps,failing to bring auxiliary police into the scope of special protection;Third,the punishments for assaulting set partial light and cannot curb the behavior of assaulting effectivelly.Again,the defect lead to many serious social problems:the strained relations between police and the public,the distort police’s reputation and the negative act in working,the current legislation system is bad for the effective maintenance of citizen’s legal rights.The third part,an idea which is "selecting dominant mode for us" is put forward through studying national legislation regulating mode.This paper discusses the necessity and feasibility of the dominant mode in our country.This part elaborate the necessity of dominant mode from three aspects which are the prevention function of criminal law,the special protection for the police and the needs of the development of criminal legislation.And this part discusses the feasibility of the dominant mode from the following two aspects:the chief of all is that adding crime of assaulting police conforms to our country’s basic legislative ideology;Second,adding the crime of assaulting police is not necessarily leading to the expansion and abuse of police power,and this part has put forward the idea on establishing the crime of assaulting police yet.At the same time,the crime of assaulting police in criminal judicial practice is not only to abide by the component elements of crime strictly,but also prevent the expansion and abuse of police power.