Feasibility Study On The Crime Of Assaulting Police In Criminal Law

At present,there is no crime of assaulting the police in our criminal law.We can punish the behavior of assaulting the police as the crime of obstructing public affairs according to the situation.On December 27,2019,the Supreme People's court,the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the guiding opinions on punishing illegal and criminal acts of attacking police according to law,which stipulated the specific applicable circumstances of heavier punishment.However,there are still many controversial issues,such as the boundary between crime and non crime,whether assault on auxiliary police should be given heavier punishment according to the act of attacking police,etc.The author tries to carry out the research from the following aspects,advocating that China should add the crime of assaulting the police in the criminal law,and demonstrate its feasibility.The first part first discusses the current situation of assaulting police in China,introduces the relevant provisions of criminal law and Public Security Management Punishment Law on assaulting police,and then emphatically analyzes the deficiencies of existing laws on attacking police behavior,mainly including vague boundary between crime and non crime,light sentencing,lack of targeted punishment for retaliatory assaulting police,and punishment standard for attacking auxiliary police No,first class.The second part introduces the legislation of assaulting police in common law system and civil law system.In common law system,the crime of attacking police is set up separately and set up independent legal punishment.In civil law system,the crime of assaulting police is classified as a general crime of obstructing public affairs,and different degrees of punishment are carried out according to the seriousness of the act and the severity of the result.We can draw lessons from foreign practices to improve our criminal legislation on assaulting police.Thirdly,scholars agree that the establishment of the crime of assaulting the police may bring about much more risks than the crime of assaulting the police And social order.This paper agrees with the view that the crime of assaulting police should be set up separately.The fourth part focuses on the feasibility of establishing the crime of attacking police.The establishment of the crime of assaulting the police is in line with the criminal legislation mode of our country;the crime of attacking the police is harmful to the society and should be severely punished.The establishment of the crime of assaulting the police and the improvement of the legal punishment are in line with the principle of adapting to the criminal responsibility and punishment.At present,considering the particularity of the police's identity,the crime of illegally producing and buying and selling police equipment has been established in China's criminal law The establishment of police crime will not lead to the expansion of police power.Adding the crime of assaulting police is in line with the original intention of criminal law to prevent crimeThe fifth part is about the legislative conception of adding the crime of attacking police in criminal law.After making clear the facts and legal punishment of the crime of assaulting the police,this paper makes an in-depth analysis on the object,objective aspect,subject and subjective aspect of the crime.It is argued that the protection object of the crime of attacking police should include auxiliary police;the crime of attacking police includes retaliatory attacking behavior caused by duty.