Research On The Determination Of "Official Affairs" In The Crime Of Obstructing Public Servants

With the sustained and rapid development of our economy and accelerating the pace of industrialization and urbanization,in the development of the society as a whole toward big at the same time,the contradiction between law enforcement and the masses have been highlighted and intensified,as an officer with the people the most likely to break the "confrontation" on charges of obstructing public business,both the number of cases over the years has been at a higher level.The judicial organs of China should deal with a large number of impeding business cases every year,among them,the "official" identified the problem is the judicial practice in the process of handling the emphasis and difficulty in facing,this article carding a large number of obstructing public business case and found that in the judicial practice,the judicial organs of the "official" determination of obstructing public business,generally more blurred,arbitrary.On "public" is not clear,easy to lead to the detriment of the different connection with the business case convicted,selective law enforcement phenomenon happens,cause obstructing public business,and is not a crime the boundaries between the elusive,cause obstructing public business in the randomness of sin a sin,so that the people to the nature of their actions and unpredictable consequences,it is easy to arouse the masses to the dissatisfaction of judicial organs,easy to trigger a new contradictions,but also will greatly weaken the judicial credibility and authority,reduce the people's national public power of self-confidence.In practice,the highest method and inspection not made in the application of obstructing public business specific judicial interpretation to the "official" obstructing public business,decided to establish a rational standard of the appropriate or the cognizance of operable rules,visible for official recognition problem is not enough importance to judicial practice.The lack of attention to the identification of official duties can easily lead judicial organs to identify ordinary disputes between officials and people that do not constitute the crime of obstructing public affairs as the crime of obstructing public affairs.Due to the "official" this element is the judicial organ to determine whether a person break the important basis of obstructing public business,to be reasonable that can disrupt business case referee standard toward unification,maximize obstructing public business,the implementation of the normal,the protection of national business smoothly,the purpose of,therefore,studies the problems of the "official" that there is a necessary,especially in the current application of obstructing public business there are still a lot of controversy in the judicial practice.There is no unique and absolute standard for the determination of "official affairs" in the offence of obstructing public affairs,but it is still necessary to improve the determination of "official affairs".Based on the "business" obstructing public business process as the research object,the first official recognition of the status quo in the judicial practice are discussed,then,in combination with the specific case is put forward on the basis of the problems in the judicial practice in the business process,and the problems were analyzed,and finally improving Suggestions on official business,the main recommendations in the judicial practice of obstructing public business,to the official business of determination of obstructing public business,should be guided to the protection of legal interests,establish operable official recognition rules,to determine the range of law enforcement main body,also should pay attention to whether the official is legal review,Attention should be paid to grasping the judgment benchmark of the timeliness factor of official duties.Perfect Suggestions put forward for the judicial organs apply for the "official" obstructing public business that provides some auxiliary ideas,in order to better solve the problem of the practice,to prevent the judicial organs in handling of obstructing public cases because of the "official" that is not accurate and is public opinion condemned.