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Research On The Application Of Violently Assaulting Police Provision In The Crime Of Disrupting Public Service

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:H W YuFull Text:PDF
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A clause was added in The Amendment to Criminal Law?IX?,Article 277 as the fifth section:“The individual violently attacks a police officer who is performing his duties shall be severely punished based on the provisions of the first section.”This clause was implemented and entered into force in November 1st of 2015.This was the first time that the"clause of attacking police"was first incorporated into criminal law,which positively impacts on the public and deters,strikes the crime of assaulting the police to a certain extent.However,there are many difficulties in practical operation due to incomplete regulations,relatively refine terms and texts,over-abstract semantic meanings and fewer precedents for application of the new clauses.How to correctly distinguish between crime and non-crime,between one crime and several crimes,have a better idea of the objective characteristics of this crime and determine its liabilities are all practical issues to be discussed and resolved in specific applications.In light of the above problems,this paper is based on the constitutional elements of the crime of disrupting public service and referred to existing theoretical researches on violently attacking the police.The extraterritorial legislation and practical experience are compared.Starting from the identity of the people's police,the definition of adhering to the law,the time of performing duties,connotation of violence,and the liabilities of the individual attacking the police,it studies the application of the clause for violently attacking the police.This paper provides suggestions on the criteria for criminalizing the behavior of violently attacking the police.In the identification of the people's police is determined based on the People's Police at the current stage and the draft of new"Police Law"for comments.It is considered that the auxiliary police assisting the police in law enforcement should be included in the police-attacking clause for protection.The time period of the police“performing duties according to law”needs to be divided into necessary preparation stage,implementation stage and final stage.After analyzing the connotation of“violence”in the police-attacking clause,the author suggests this clause should be applied to abstract dangerous crime theory.It external manifestation of violence is tangible force.In addition,the crime of attacking the police is determined to be intentional.The form of its subjective liability includes direct intention and indirect intention.The cognitive error of the attacker should be classified as a factual cognitive error.In this case,there is no subjective intention;hence it is excluded from the clause of the attacking police.Moreover,the responsibility of violently attacking police in special circumstances such as drunkenness and receiving the understanding of the attacked policeman is analyzed.During the reasonable application of violently attacking police clause,the respective rights and interests of the police and the attacker should be weighed.It is necessary to maintain law enforcement authority of the police,ensure proper and effective enforcement,but also to protect the legitimate interests of the attacker and prevent the police power from expanding infinitely in this clause.
Keywords/Search Tags:Violently attacking the police, The identity of police, Duty behavior, Connotation of violence, Determination of crime
PDF Full Text Request
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