The Criminal Protection Of Official Business Of Police

The protection of official business of police has always been a hot topic.But how to protect? the majority of discussion concentrates on the addition of assaulting police crime.However,the issue of assaulting police is a two-way problem between police and relative person,the phenomenon of multiple attacks is not only caused by the relative person,but also caused by the non-standard action of police during carrying out official business.Therefore,the protection of official business of police shall not only punish severely the relative person in criminal punishment,but also further regulate the official business of police,explain strictly obstructing public business and establish the system of protect official business in accordance with the quality of police business.Acting appropriately to the situation and doing the above foregoing.Only in this way,can legislative bodies and judiciary authorities solve the universality problem of assaulting police from the root.This article is combined with five parts except for introduction and epilogue,it is about 40 thousand words.Part one,analyzing controversy in theory about whether or not to add the assaulting police crime.with more and more assaulting polices happening and hitting headlines,which was proposed by deputies to the National People's Congress many times,the controversy over whether the crime was newly added in the theoretical circle was analyzed.Part two,analyzing the status quo of criminal protection of official business for police in the present.The Criminal law Amendment(9)adopts a compromise line on the controversy over whether or not adding crime of assaulting police.However,there is a over expand trend in dealing with the assaulting police in juridical practice,taking the arrest data of the People's Procuratorate of HaiZhu district of GuangZhou city and the data of judgment documents of ShangHai as an example,while mention the topic of assaulting police,the following problems often exist in judicial practice,such as excessive punishment,inconsistent standards of filing,abuse of power and frequent violent in dealing with assaulting police.Part three,clarifying basic position of this article.the police official business shall be protected,but it shall be established different protection systems in accordance with quality of official business.The police official business shall be classified with legal official business,improper official business,unlawful official business pursuant to the legal level of official business.Part four,to establish a new theoretical system in the criminal protection of police official business.Firstly,according to the analysis on the main problems in the domestic judiciary practice for the forgoing,it is suggested that limiting application of obstructing public business in judiciary practice such as dividing strictly between criminal punishment and administrative punishment in obstructing public business,to prevent overturning the punishment in crime law and administrate law,to deal with correctly the relation among paragraph one,paragraph four,paragraph five,to avoid the improper application on paragraph five,and to obscures the independence between the articles.Secondly,to establish a classified protection system in accordance with quality of police official business: for legal official business,it shall be protected with spare no effort;for improper official business,the victim fault theory and the responsibility of elements shall be introduced,and on this way the relative person shall be given a lighter or mitigated punishment pursuant to the reprehensibility of the action;For illegal official business,the relative person shall be exempted from punishment pursuant to the Article 13 of Criminal law of the People's Republic of China for both the lack of the theory of Anticipated Possibility and intention on the responsibility.In addition,the illegal police shall be punished strictly in accordance with The Law of Police.Part five,in the aspect of procedural law,it shall further regulate and improve the protect system of official business in procedure law,at the same time,it shall also change the situation that police “serving as both athletes and judges” in the official business,and intensify inspector duty on police official business in order to establish more sunshine,justice,legitimate figure for police in official business.