On The Case Study Of The Public Security Organ Identifying Y As "Obstructing The Executive Position"

General obstacles in performing duties behavior,refers to the relative people to work for preventing state personnel and take actions.This concept contains two aspects:one is namely "obstacles in performing duties" behavior of administrative law category;it is within the category of the criminal law "obstructing public business"(PS:add footnotes,cited "criminal law" the two hundred and seventy-seventh content).Special obstacles in performing duties,or obstructing public business,require the perpetrator subjective obstacles,to the detriment of the state personnel in performing duties according to law,deliberately objectively carried out enough to block,to the detriment of the state personnel in performing duties.The difference is that bad special obstacles to perform duty behavior to a lesser degree;The badness of obstructing public business name is heavy.Research our country "public security management punishment law and criminal law in the disposition of" prevent the duty behavior "of" the reduced cohesion "status quo and the cause of the problem;And guided by the "proportionality",the "public security management punishment law" special obstacles in performing duties behavior"and" criminal law "specific provision of scientific and reasonable" obstructing public business,"feasible to distinguish the" narrow prevent the duty behavior "and"obstructing public business,"the standard.Generalized obstacles in performing duties,the manifestation in practice there are many different forms,the general means of public security penalties has not to be quite a punishment,it shall be identified as crime,the punishment means to crack down on it.Relative to administrative penalties,harsher punishment measures,more damage to the rights of citizens,should be used carefully,so you need to special obstacles in performing duties on system behavior correctly with obstructing public business,so that law enforcement agencies accurately judge the character of the other party behavior,avoid improper infringement of citizens' rights.Due to "public security management punishment law and criminal law belong to different legal categories",when they were written without fully considering the problem of "the reduced cohesion",so the "narrow prevent the duty behavior" and"obstructing public business," the lack of distinction between scientific and unified standards,go against law enforcers in practice correctly identified the other party of the nature of the behavior and give quite punishment;And due to dispose "prevent the duty behavior" of the system is law enforcers,in "administrative law" and "crime" is not clearly differentiated,are more likely to lead to law enforcers heavy penalties"tendency",namely "prevent the duty behavior" of the other party identified as"obstructing public business,”as possible to dispose,led to the civil rights violations by improper.