Research On The Legislation Of Assaulting Police Crime

As China’s socialist market economy and the construction of socialist society under the rule of law is in the important transition period,under this background,the various social contradictions increasingly prominent,and therefore become no longer stable social security management environment,in this case there was a significant social phenomenon: between the illegal crime molecules with the representatives of the national public power against increasingly fierce,the illegal crime molecules with "the people’s police to perform normal duty behavior" confrontation between events-events are occurring assaulting a police officer.The attack of the police is indiscriminate.It does not only infringe upon the personal,property and life security of the people’s police,but also provokes the national dignity and legal authority at a deep level.At the present stage,the criminal legislation of assaulting police in our country has hysteresis,which can not effectively regulate the police behavior.Nowadays,Chinese legal scholars have different opinions on whether there should be a special charge of "assaulting police" in criminal law.On this the author thinks that should add sin on charges of assaulting a police officer in China’s criminal law,the criminal suspect to effectively combat attacks on police arrogance,guarantee the people’s policemen in performing their duties according to law,safeguarding national security and legal authority.The logic structure of this paper is as follows:The first part of the main content is the behavior of assaulting a police officer present situation analysis,this part mainly discusses the current situation,characteristics,types,cases of assaulting a police officer and its harmful effects,the paper aims to analysis behavior of assaulting a police officer growing serious social situation,and point out the article writing important realistic significance and social value.The second part mainly analyzes the current legal academic debate on whether to set up police crime in criminal law and analyze their reasons.Through careful analysis of the above two views,I agree that China has added special "attack police crime" in the criminal law.The third part mainly introduces the crime of assaulting a police officer outside the legislative investigation,through the contrast analysis of continental law system and common law countries of the crime of assaulting a police officer relatedlegislation,the author thinks that our country should actively learn from when set up the crime of assaulting relevant countries advanced legislative experience,our advantage and innovation.The fourth part mainly discusses our country to set up the idea of legislation of the crime of assaulting a police officer,further analyzed our country criminal law should be stipulated crimes of assaulting a police officer,the main contents include the concept of crime of assaulting a police officer,the police crime crime constitution,the crime of assaulting a police officer criminal responsibility according to law,the crime of assaulting a police officer "crime and is not a crime" and the dividing line between it and other related charges.