The Crime Of Assaulting A Police Officer Should Be Set Separately

In recent years,incidents of violent assaulting police in various parts of China have occurred frequently.There has been an increasingly serious trend in quantity and degree.Assaulting police acts not only jeopardize the personal safety of people's police in law enforcement,but also seriously damage the national legal dignity and social stability order,so that the public's sense of security and satisfaction are not reduced.However,there are still many deficiencies in the effectiveness of regulation.For example,the object of the crime of obstructing public service crime is not protected well,and the personal rights and interests of the police are not well protected.The punishment for assaulting the police is not enough,resulting in low cost of action,so it is difficult to effectively curb the behavior of assaulting the police,and the scope of protection is limited.In fact,the auxiliary police officers who assist the police in carrying out a lot of law enforcement work are not adequately protected.There are difficulties in judicial determination.There are no clear standards for understanding and identifying the ways of attacking the police,the determination of the scope of the police,and the legality of carrying out the official duties.Therefore,it is difficult to play a very good practical effect.In foreign countries,a strict legal system has been formed in regulating the crime of assaulting police,and has achieved good results.It has a very important reference significance to supplement and perfect our criminal law.This not only improves the accuracy of handling the crime of assaulting police in judicial practice,but also strengthens the public's compliance with the law enforcement authority.In France and Germany,the police assistants who are carrying out official duties are included in the protection of the charge of assaulting the police and so on,which expands the scope of protection.The police have made very clear and detailed regulations and severe penalties for the attacks and threats of the police in performing their duties.They are very deterrent to those who intend to attack the police.With the gradual increase in the number of assaulting police,there has been a heated debate between the theoretical and practical circles on whether or not to add assaulting police to the criminal law.Opponents believe that the crime of attacking police alone is not in line with China's national conditions and legislative habits.Setting up a crime of assaulting police is a manifestation of one-sided exaggeration of the legislative function.It not only helps to solve the problem of assaulting police officers,but also leads to the expansion of police power.Therefore,it is more appropriate to regulate the behavior of assaulting police through crimes of public nuisance.The proponents believe that the crime of assaulting a policeman is due to the need of social security,not only does not damage citizens' rights,but also creates a safe and stable social environment for the exercise of public rights,and there is precedent for the protection of the rights of special subjects in China's criminal law.To make up for the deficiency of the existing criminal law on assaulting the police,it is necessary to strengthen the regulation of assaulting the police by setting up the crime of assaulting the police so as to better safeguard the legal interests protected by the criminal law.The legislative idea of setting up the crime of assaulting police is to add the crime of assaulting police by means of the amendment of the criminal law.The crime of assaulting the police is set up in the sixth chapter of the criminal law and the crime of obstructing the order of social administration.After 277 th crimes of obstruction of public service,according to the characteristics of the existing criminal law system and the behavior of assaulting the police,The law of the crime of assaulting the police is designed as follows: "the people's police who are carrying out their duties in accordance with the law or assisting the people's police to perform their duties according to law shall be sentenced to fixed-term imprisonment of not less than three years but not more than five years;if the circumstances are serious,they shall be sentenced to fixed-term imprisonment of not less than five years but not more than seven years." It includes the normal social management order of state organs and the personal rights and interests of the people's police.The objective aspect of crime mainly includes the direct violence of criminal acts and the harm to the police body.The main body of the crime of assaulting police is the general body.The age of 16 years old has criminal responsibility.The crime of assaulting the police can also constitute the crime of assaulting the police.It also requires the perpetrator to have some subjective intent,including direct intent and indirect intent.Referring to the punishment standard of the crime of public nuisance and the crime of tax resistance in the current criminal law of China,and combining the harm degree of the assaulting police crime and the actual situation of China,the general situation of the crime of assaulting the police is set to imprisonment for not less than three years and not more than five years.If the circumstances are serious,he shall be sentenced to fixed-term imprisonment of not less than five years but not more than seven years.At the same time,he shall distinguish between the crime of assaulting a policeman from the crime of interfering with public business,intentional injury and intentional homicide,and regulate the crime of obstructing public service only by obstructing the police's execution of public duties and causing no real damage to the police's body.In accordance with the crime of intentional homicide and intentional injury,a heavier punishment is imposed.