The Study On The Legal Problems Of Attacking Police Behavior To Be Sentenced Alone

Chinese police,in the normal law enforcement activities,have been repeatedly violated,the behaviors attacking the police have showed a high trend and the degree of violence has been increasingly intensified.In Amendment to Criminal Law(IX),the “violence against the police” has been clarified as interference with public servants in the fifth paragraph for heavier punishment,but still there are some limitations in judicial practices,such as fuzzy standard for crime establishment,too narrow coverage of the assault victims and unclear illegal and criminal boundaries.The limitations and deficiencies of China's criminal legislation on the behaviors attacking the police have been comparatively analyzed by investigating into foreign countries' legislation on the behaviors attacking the police,comparing the similarities and differences of Anglo-American legal system and civil law countries in the legal regulation on the behaviors attacking the police.In the domestic academic circles,there are many disputes on the problem of clarifying the behaviors attacking the police as crimes alone,but it is necessary and feasible to clarify the behaviors attacking the police as crimes alone in China and simultaneously the design of the criminal articles,special constitutive elements of crimes and judicial applications should be further improved.Under the background of comprehensively deepening the reform of public security and greatly improving the People's Police Law of the People's Republic of China,while guaranteeing the law enforcement rights of the police by means of lawmaking,It is also important to see the game between police and civil rights.Furthermore,the legal supervision,inspection supervision,supervisory control and other external supervision measures shall be fully used to ensure that the police power always be acting along the road to the rule of law in the sunshine.