Recognition Of Obstruction Of Public Service In The Public Security Administration Penalties Act

With the improvement of the rule of law,the relationship between citizens and the government is getting closer,which also means that the conflict between citizens and the government is more frequent.In other words,when the government's official activities touch on the interests of citizens,it will inevitably lead to citizens obstructing the occurrence of public affairs.With regard to obstruction of public service,it refers to the obstruction taken by the relative person in order to obstruct the smooth progress of public service activities when the staff of the state organ,that is,the public servant,performs his duties according to law.Article 50(1)(2)of the Law on Public Security Administration and Punishment stipulates that "anyone who obstructs the performance of his or her duties in accordance with the law shall be given a warning or a fine of not more than 200 yuan;if the circumstances are serious,he shall be detained for not less than 5 days but not more than 10 days and may also be fined not more than 500 yuan." That is," obstruction of the performance of duties";in the Criminal Law by the two hundred and seventy-seven,the first paragraph of the provisions," by violence,threats to prevent State functionaries in accordance with the law to perform their duties,sentenced to fixed-term imprisonment of not more than three years,criminal detention,public surveillance or a fine." That is,the crime of obstruction of public service is also called the crime of obstructing the execution of public service.Obstruction of public service is provided for in the current law,the Public Security Administration Punishment Act and the Criminal Code,the former is a general offence and the latter is a criminal offence,so the legal consequences to be borne by the relative person are very different,so it is very important to distinguish between "obstruction of the performance of duties" and "obstruction of public service".In the current judicial practice,when the boundary between "obstructing the performance of duties" and "obstructing the public service" can not be clearly defined,the relative person is more likely to be prosecuted with "obstructing the public service",which is undoubtedly a serious violation of civil rights.Therefore,it can not only make the law enforcement process more smooth,but also make the law enforcement method more standardized.By studying a large number of cases,the author analyzes the current situation of obstruction of public service cases and the reasons for the highincidence,discusses the public service personnel's performance of their duties in accordance with the law and defective public service behavior and its impact on the recognition of obstruction of public service behavior,and puts forward some suggestions based on the principle of proportion.