Study On Some Problems Of Violence Assaulting Crime Of Disrupting Public Service Type

At present,with the economic and cultural development of the society,various contradictions are constantly emerging in the process of social transformation.For the first time the conflict appeared on the scene is often the police,in the process of performing their duties will always encounter various obstacles,to abuse,sarcasm,to violence,coercion,the frequent obstruction of official business case is not only the legitimate rights of the public security police caused great damage,but also the public security organs the exercise of the fight against crime,the function of social stability has been seriously affected.As a police,the author has a wealth of front-line law enforcement experience,but also encountered all kinds of large and small cases of obstruction of public affairs,deeply understand.At the end of 2015,the criminal law amendment(nine)a fifth increase in the "criminal law" in article 277 th,namely the people's police law enforcement,from the act of using violence to resist law enforcement,in accordance with the provisions of the first paragraph of the act shall be punished severely".It can be seen that the work of police is supported by law and the masses.The 277 article of the criminal law enumerates the criminal object of the crime of impairing public service,and limits the scope of punishment of this crime,and carries out more abstract provisions on the act of this crime.In judicial practice,the cases of obstruction of official business is the diversity and complexity of the application inthe public security organs,procuratorial organs,judicial definition to the scope and object of crime of disrupting public service in public and legitimacy,the level of violence and other legal grasp certain differences.This is a direct result of in between different regions in dealing with cases of obstruction of official results,direct manifestations of crime and non crime,this crime and other crime,influence the seriousness and unity in the case of judicial adjudication.The author mainly by the police as the research object,selects several typical occurred in the city of the people's police official duties of nuisance cases through the collection,combined with the relevant knowledge and theories in the academic circles,on the applicable law of the crime,thinking and analysis,prevention and treatment for the city in such cases.Provide the direction of thinking more and better safeguard the legitimate rights and interests of the police,the public security organs to help better manage the society,maintain social harmony and stability and better.This article is characterized by theory and practice,in addition to the introduction and conclusion,this paper is divided into four parts:The first part,a detailed description of the crime of assaulting police type of obstruction of official status and judicial problems,firstly,this crime(including fifth "violent attacks")of the four elements of a concise narrative;followed by one of Shanghai county from 2012 to 2016 the harms of official crime in general as a sample,the status of violent attacks type of obstruction of official crime analysis,the four major characteristics: the number decreased,but the situation is still not optimistic,hinder the way in various forms,including anti violence law accounted for a large proportion,police law enforcement,attacked a higher proportion of cases showing new trends and characteristics;some problems are listed at the end of violence assaulting type the crime of disrupting public service exists in the legal application of the 1.auxiliary police officers is the people's police,whether they have the law enforcement main qualifications,whether the implementation of official Can independent law enforcement or participation in law enforcement?.2.the standards and legality of the people's police performing official duties according to law.3.,the concept of violence,understanding,and judicial interpretation of the existence ofcontroversy.4.scholars disagree on how to understand the standard of "beginning to perform duty".5.there is a big problem in the protection of the perpetrator in the crime of disrupting public service.The second part from the "police" as the behavior object from three aspects to discuss: "police" as the object of action,its scope is defined by the police,the basic tasks,the statutory duties of police power,the four aspects of the definition of the police duty;and related such as police,police reinforcements involved in law enforcement,encounter according to whether the crime of impairing the occurrence of punishment,the author combines the actual case for in-depth study;the auxiliary police(as an extension of the police)to assist the police in law enforcement work,so when they encounter violent resistance to law,whether the obstruction of official crimes,in this regard,the auxiliary definition and classification,legal responsibility and legal support,the definition of the nature and law enforcement related case analysis on auxiliary police conducted in-depth research.The third part focuses on the type of obstruction of official crime violence assaulting a police officer police official,is divided into three parts: one is the meaning of the police duty,from the fight against crime,social management and service type to analyze the people's police activities;two is the legitimacy of the police duty cognizance,which should satisfy the following four conditions: one is the main duties must be legal,two is the duty behavior must comply with the jurisdiction of the public security organs,the three is the people's police duties content must be legitimate,four is the people's police duties must be legal procedures;three other issues,namely the definition of special cases of police legitimacy,the author from the two aspects of defects in the police non working time law enforcement and law enforcement analysis.The fourth part gives a detailed explanation on the meaning and form of violence,then the degree are defined: including the lower limit,upper limit,and the limit is how to define,finally through the case analysis of this crime of violence carried out.Finally,the conclusion part summarizes the full text,and for the case of assaulting a police officer class of obstruction of official business,and puts forwardsome suggestions on the prevention and control of the individual: 1.to enhance the social comprehensive management level,create a good social environment management.2.strengthen the positive publicity of media,broaden the channels of rule of law publicity.3.,strengthen the police team construction,improve the internal police discipline requirements,improve the quality of the police.4.,establish the police law enforcement security mechanism,improve the police rights protection system.