A Study On The Assaulting Police Officers During The Social Transformation Period

This article analyzed the current situation of crimes of assaulting the police was analyzed and summarized its characteristics.Besides,the reasons for the phenomenon of assaulting the police were studied from the respective of law,social conflicts,enforcement environment,and the quality of the police team.Nowadays the frequency of assaulting the police is going up,its means getting more and more violent,much more likely to be exposed in the spotlight,and the damage to the policeman getting worse and serious.Four main reasons could explain the phenomenon of attacking the police in high frequency: there is no exclusive law of “crime of harassing the police” to strictly prevent and strike it;the internal conflict and discontent which haven't been handled correctly were transferred to the police;the civic awareness gets strong but the law-abiding is weak,and the media is particularly keen on enhancing the publicity of the news relating to the police by media hype;and the police forces is not strong enough and there is no effective legal documents.By comparing the rules in the civil law and the common law system etc.in different countries,it is evidently perceived that each country takes severe measures to fight the behavior of assaulting the police.On one hand,make the legal term “crime of harassing the police” independently to emphasize the harmfulness of assaulting the police and take punitive actions to the crimes causing the police offices injured and/or dead.On the other hand,put more weight on “crime of harassing the police” and take punishment much more severe than “crime of disrupting public service”.Furthermore,other countries tried decreasing the harmfulness of attacking the police to safeguard lawful rights and interests by means of providing several kinds of police equipment,forming exclusive authorized organization for the police,and developing occupational training etc.In order to effectively solve the problem of assaulting the police in China,this article summarized some enlightening experience from other countries and provided the following measures to prevent crimes of assaulting the police and reduce the incidence of casualties.For example,adding the “crime of harassing the police”,specifically conferring the police the right to self-defense in “Criminal Law”,establishing a public lawyer system,improving the rules related to the assaulting the police behavior in the administrative law,increasing the law publicity,specifying and guiding the public information,smoothing the channels for complaints of citizens,rationally allocating the police forces of the basic level,and developing the police equipment to improve the police's defense capabilities etc.