An Empirical Research On The Police Type Crime Of Obstructing Public Affairs

In the past four years,the incidence of police-affected crimes against public officials in Shanghai has been on the rise.In 2016,the number of cases of this type accounted for the highest proportion of criminal cases in the current year.The sustained high incidence of cases must be based on changes in the social environment or judicial identification.Based on this starting point,this paper conducts an empirical study on Shanghai-related police-imposed crimes of public officials.On the one hand,it summarizes the overall characteristics of police-affected crimes in Shanghai,and looks for the reason for the increase in the incidence of stimuli,on the other hand,is that the cultivation of the country constitutes a status quo that does not specify the operability provisions that constitute the crime,and it may also result in deviations of the judicial personnel when they are qualitative.This article expects to find out the standards and problems identified in the judicial practice through empirical research.This article uses empirical analysis methods.In the case of the Shanghai police-affected public nuisance crime of more than two thousand cases from March 2016 to September 2017,Proportionately randomly selected 400 cases,summed up the characteristics of Shanghai-related police-impaired public crimes in practice,objective laws and existing problems in the determination,and proposed solutions to the problems identified Corresponding judicial advice.The structure of this paper is as follows:Section 1 “Overview of Crimes Imposing Public Liability for Police in Shanghai Region” This paper,based on the ratio of the number of 2016 cases in Tuhai Township to the number of cases in 2017,assumes that there is no manual sorting for the cases included in the China Judicial Document Network.In the case of influencing factors,a total of 300 cases in 2016 and 100 cases in 2017 were selected.A total of400 cases were used as research subjects to extract Y-information that was meaningful to the study and establish a basic analysis based on the information that qualitatively detered official business crimes.The framework to analyze the 400 cases in detail.In the case summary,statistics on the reasons for entering the case,the behavioral patterns,the behavioral targets,the consequences,the statistics,the statistics,the pre-trial custody,the trial procedure,the declaration of the sentence,whether or not make probation and whether the police should respect the terms.This presents an overview of Shanghai's crimes against public officials and their identification.Summarize the characteristics of the case presented in the case,including the behavior of the traffic police to focus on the main form of behave oral expression,after the harm is light,and some of the consequences caused by minor injuries.The second part of the “existent problems and analysis in judicial practice”through empirical analysis of the sample database found that there are three problems in handling Shanghai's police impediment to crimes: First,affect the sentence during custody,forced incriminating;Second,the standard for determining "violence,threat" is too low;Third,the law enforcement of sports affects the crime rate.The third part of the “Problem Analysis and Solution Path” mainly proposes corresponding judicial recommendations for the problems found in the second part:First,it reduces the detention rate,removes the extra-statutory factors that affect the determination of sentencing;second,it limits the interpretation of “violence,threats,”and raises the raise the threshold;the third is a slight impediment to the outbreak of official acts.In the fourth part,the author finds that in the judicial practice in Shanghai,the crime of impediment to public business has the problem of expanding the applicationand the standard of recognition is not uniform,so that the proposal based on the idea of raising the threshold of entry is proposed,and the sentencing specification for drunk driving and imprisonment is also This guilt is clearly demonstrated in the entry into the crime threshold for the connection of administrative responsibility and criminal responsibility.