The Study On Acts Of Violence And Menace In Crime Of Interference With Public Administration

Recently, crime of interference with public administration occurred frequently in China. Various ways of crimes creates challenges to the constitution of a crime and the application of punishment. In judicial practice, the understanding and recognition of the subjective and objective aspects, including objects, means and levels of the acts of violence and menace in crime of interference with public administration vary from one court to the other. Meanwhile, the differences of law enforcement ideology among administrative agencies or individual affective factors of some officers often cause disputes in many cases. We shall pay more attention on the current judicial situations in such cases for solving the problems in a way of justice and effectiveness.This paper is divided into 7 parts,and the total word count is about 30000.Firstly, the author empirically analyzes the judicial situation of interference with public administration cases. The author takes referee documents on China Judgements Online as the study sample to analyze the acts of violence and menace by ways of scientific sampling and statistic analysis, and then generalizes four judicial situations in the practice.Secondly, the author discusses the value of this study. In this part, the author discusses the importance of judging the acts of violence and menace accurately to reasonably application of this crime in two aspects: conviction and measurement of penalty.Thirdly, the author introduces the definitions of acts of violence and menace in Criminal Law. In Criminal Law, the act of violence has three forms: the narrow sense, broad sense, and the most broad sense; and the act of menace in form of action and words, but the meaning will change in different contexts.Fourthly, the author outlines the acts of violence and menace. On the base of previous parts, the author discusses the connotation, features and ways of presentation of the acts of violence and menace in the crime interference with public administration, and proposes that the objects of the act of violence shall include properties, but the author also suggests that the menace of infringement of the relatives or friends of the functionaries of state organs shall not constitute this crime.Fifthly, the author compares the acts of violence and menace in the laws in different countries. The author concludes that the single legislation mode and complex legislation mode are ubiquitous by summarizing the laws about the crime interference with public administration in different countries, and then analyzes the advantages and disadvantages of these two modes. Meanwhile, the author believes that we shall learn from the advantages to improve our law from the aspects of subjects in executing public affairs, criminal objects, and the levels for discretionary actions of sentencing.Then the author studies the problems of acts of violence and menace in the crime interference with public administration from the aspects of objects, methods and levels, and brings up some suggestions. Firstly, specify the objects. The objects shall include individuals assisting in exercising public affairs authorized by state organs and the properties required in exercising public affairs. Secondly, define the manners of this crime. The manners shall include the threaten of suicide, self-mutilation and the manner of indirect violence, but the intangible violence shall be excluded. Thirdly, prescribe the limit to the acts of violence and menace. If the extent of injury does not reach the lower limit, the action shall not constitute the crime, while if the extent of injury is beyond the upper limit, the action shall convert to other crimes.Finally, the author propounds the improvement measures. This part is the conclusion of this paper, the author discusses the need to enhance the relationship between administrative enforcement of law and criminal justice. Insisting on specifying the object, manners and the limitation of this crime, and punishing the act of interference with public administration complying with the provisions will ensure suiting the punishment to the offence.