Legal Research On Violent Assaults Against Police In China

In recent years,incidents of "violent assaults against police" frequently occurs,resulting in adverse social impact.How to effectively curb violent assaults against police and effectively protect the police enforcement security has become the focus of attention.Violent assaults phenomenon is not only a matter of law enforcement of the police and the authority of law is being seriously challenged.On November 1,2015,"9th Amendment to Criminal Law"(the Amendment)promulgated,Article 21 of the Amendment specified to add a provision as the 5th section of the previous provision(Article 277 of Criminal Law)as,"anyone imposes violent assaults against police in duty shall be punished severely in accordance with the provision of the first section." the emergence of this section marks these tablishment of the law that regulate and fight against the interference of police duty,implying that most violent resistance against law shall be solved by criminal law.However,in practice,it is still difficult to apply the provision to actual cases as there is no uniform standard and interpretation on the scale of police in China,the violence and official conduct.The purpose of this dissertation is,in line with the condition of our country,to solve the crime application obstruction of the identification of violent assaults against police and offer proposals to improve legislation with making reference to the experience of other jurisdictions,so as to make the best of criminal law to be able to punish crimes.From the perspective of current occurred assaulting police incident and its harm,the author collected,finished and analyzed the related materials.And also make study on the related cases through the judgments library.Chapter one of this dissertation talks about the definition,characteristics,damages caused by the violent assaults acts as well as the related laws,emphasizing the harm it can bring to our current legal system,public administration and our police.Also,chapter is legal system analyzed-based,taking violent assaults acts as the entry point,the author teased related laws and regulations and discuss on the comprehensive regulation on the violent assaults acts from the legal system as a whole.The author also talks about weak of the post-remedy measures to the police who get harmed and disabled in duty,which strengthen the arguing of the tighten of regulation of violent assaults acts.Chapter two entries from the legislation problem of the crime against public affairs in the form of violent assaults against police,discussing the application problem from the perspective of criminal object,duty behavior and the degree of violence.The third chapter of the dissertation basically introduces the legislation and judicial experience of other jurisdictions and makes comparison with our legal system.The last chapter,on the basis of the previous chapters,as well as with making reference to the experience of other countries,provides suggestion for improvement in terms of legal legislation as well as the legal application from a short-run and long-run basis respectively.