Research On Criminal Law Regulation Of Attacking Police

The police take on the important responsibility of safeguarding national legal authority,social stability and people's life safety.However,with the rapid development of the social economy and the influence of various factors,the incidents of assaulting police frequently occur,even continue to develop toward a serious trend.These not only seriously violates the legitimate rights and interests of the police,but also provokes the authority of the state and tramples on the dignity of the law.At the same time,it will disturb the public order,destroy the legal environment,and promote the spread of police attacks.In the end,its biggest victims are the broad masses of the people.Although Chinese laws and regulations regulate the behavior of assaulting police,there are some limitations and lags.Therefore,how to effectively curb the occurrence of assaulting police incidents has become an important issue in the current criminal law.This paper analyzes the shortcomings of Chinese criminal law on the behavior of attacking police,draws on the relevant experience of foreign criminal punishment law,and combines the actual situation in China,and then puts forward relevant suggestions to effectively curb the occurrence of assaulting police and maintain the society.This paper takes the criminal law regulation of attacking police as the central argument and divides the content into five parts:The first part is an overview of the assault-police behavior,introducing the concept of assault-police behavior,and pointing out the characteristics of assault-police behavior: the chaperone of behavior,the violence of means,the particularity of object,the seriousness of consequence and the diversity of means.In addition,the author also from the attack on police behavior has serious social harm,need to be regulated by criminal law,and non-criminal legal norms are not enough to restrain the behavior of attacking police.The criminal law regulates the behavior of attacking police in accordance with the modesty of the criminal law.In the second part,through analyzing the current situation of criminal regulation of police attack behavior in China,the author finds out the deficiency of criminal regulation of police attack behavior in China.The third part comments on the criminal regulations of foreign countries on attacking police,taking Germany,Japan,Britain and the United States as examples.Through drawing lessons from its experience,the author draws inspiration for the criminal law regulation of police attack in China.The fourth part focuses on improving the regulation of attacking police in China's criminal law by adding the crime of attacking police,clarifying the boundary between the crime of attacking police and non-crime,and clearly stipulating the defense right of police duty.