The Confirmation Of Crime Of Assaulting Police Officer Behavior

Police represents justice and are the protector of people's interests.With the fast growth of the economy,various kinds of contradictions happen and the relationship between people and police has become tense to some extent.Assault against police in many places has been frequent and casualty remains high,which means harm both physically and physiologically.The authority of law enforcement for the police is violated greatly.Confronted by such severe problems,China passed the Amendment of Criminal Laws(9th)which provides assault against police will lead to heavy punishment.It is the first response in criminal law to the assault to police.Since 2003 assault on police entered public view,it is becoming an increasingly hot issue so that the research on this problem is significant.This article analyzed the fundamental conditions of the problem from its tendency,features,dangers and reasons with the means of empirical analysis,case research,qualitative and quantitative analysis.Comparison is also employed to study oversea and domestic legislations.And in the end means of exploration is used to advance proposals to improve the related criminal laws.The article consists of four parts:The first part tells about the general situation of assault against police.And basing on the statistics from the ministration of public security and the50 reported cases of assault from internet,data is collected and dimensional analysis is carried out;modern and representative statistics are used to research the current situation of assault in China.Meanwhile analysis is given to the assault against police on its definition,classification,tendency,dangers and reasons.Thus the article makes a summary on the problem.The second part concerns about oversea legislation on the problem.At present,three categories of convictions are found in many countries for such offence.The article sets alone the conviction of assaulting police,replacing crime of assaulting police with that of endangering public affairs,classifyinginto different crimes according to the circumstance of crimes.And it also introduces the laws on the issue around the world and summaries oversea legislation characteristics.The third part concerns about the legislation of assault against police.First it talks about regulation of making laws,introducing the penalty and the laws on crime.Basing on The Amendment of Criminal Laws(9th)in 2015 and Police Law(Amendment),the article makes an analysis and evaluation on China's current legislation and meanwhile introduces the related rules and laws on such crime in Hong Kong,Macao and Taiwan.In jurisdiction,the crime of assault is distinguished from the crimes of murdering,intentional assault,kidnapping,retaliation and insult.And the research on the criminal pattern and joint offence are also done on the crime of assault against police.The fourth part tells about assumption on the lawmaking of conviction of assaulting police.First the article gives an in-depth description on the Amendment of Criminal Laws(9th).It confirm its helps in lawmaking and meanwhile it also talks about the flaws in the description of the crime and criminal punishment.First,the punishment for disrupting public service from assaulting police is not heavy enough.Second,there is a lack of protection for auxiliary police.Third,the description for assaulting the police in duty is too general.Fourth,the current legislation still has its blank area.Then.In light of solving the problems,a perfect assumption for the legislation on assaulting police is advanced.As a conclusion,the article tries to make a comprehensive,in-depth research on the crime of assaulting against police through the analysis on such offence.In view of the current lawmaking and jurisdiction,the article finds the blank area in legislation so as to put forward proposals for the crime.In doing so,the author expects a proper regulation on assaulting police in theory and practice.