Cognizance Of Violent Assaulting Police In Crimes Of Public Nuisance

In order to protect the duty activities carried out by the people’s police in accordance with the law,the Criminal Law Amendment(IX)of the People’s Republic of China passed in 2015 added a fifth paragraph to the 277 crime of obstruction of official duties,that is,“the violent attack is Those who perform their duties according to law shall be given a heavier punishment in accordance with the provisions of the first paragraph.However,the provisions of the criminal law and related judicial interpretations of the scope of the "people’s police",the degree of "violence",the meaning of "duty",the legitimacy of duties There is no clear provision and explanation for the identification of the elements of the elements,such as timeliness.It is precisely because of the uncertainty of the crime of guilty of official duties and its violent assaulting police,which has many understandings and differences in criminal law theory and judicial practice.This has damaged the unity and authority of the law to a certain extent.Therefore,this paper attempts to analyze the concepts and connotations that should be clarified in the violent assault police clause to guide judicial practice and ensure the normal law enforcement activities of the people’s police.When studying the specific identification of violent assaults,it is first necessary to clarify what is violent assault.From the behavioral objects and behaviors of violent assaulting police behaviors,summarizing the harmfulness,basic characteristics and manifestations of violent assaulting police behaviors,and revealing the basic meaning of violent assaulting police behaviors,that is,violent assaulting police behaviors refer to violence The rights and interests of the people’s police,thus impeding the criminal behavior of the people’s police to perform their duties according to law.Secondly,from the perspective of legal protection,the type and degree of "violence" are identified and clarified without violating the principle of criminal law.The scope of "violence" in "violent assaulting police" includes "indirect violence"(violence against things)),but does not include "invisible violence",the standard of recognition of the degree of "violence" should adhere to specific dangerous criminals.The determination of the scope of the behavior object and the restrictive condition of the behavior object.In the determination of the scope of behavior,that is,the scope of the people’s police,the view of the "job theory" should be adhered to,that is,the police assistants should be the target of violent assaults.In the determination of the restrictive conditions of the behavioral object,in judging the "legal"(legality)judgment of the duty behavior,insisting on the judge’s standard theory(objectively speaking),in the "positive"(timely)judgment of performing the duties according to law,Adhere to the time course of violent assaulting police from the perspective of material harm,and take the overall view of the process of the people’s police to perform their duties,and identify the activities of the people’s police officers to perform their duties closely.Because of the special nature of the people’s police profession and its law enforcement,it is necessary to accurately reveal and evaluate the social harmfulness of violent assaulting police behavior in an intrinsic manner,which is conducive to the maintenance of the legal order and the normal law enforcement activities of the people’s police.Only by unifying these basic concepts and clearly defining them,can we grasp the connotation and extension of the violent assaulting police behavior completely and accurately.These are the realistic requirements for the addition of violent assaulting police provisions in the Criminal Law Amendment(IX)of the People’s Republic of China.They are also the inevitable requirements of the principle of criminal law and the principle of certainty of criminal law.