Research On Criminal Law Regulation Of Violence Against Police In China

In recent years,the problem of violent assaulting police has become increasingly serious,the rights and interests of the police group have not been protected,and the law has not been effectively implemented.As a national violence machine,the police should have absolute authority.However,under the new situation,social contradictions are complicated and criminal offences are high,which makes the police often illegally infringed upon in the performance of their duties.Increasing violent assaults have caused great personal infringement on the people's police and also undermined the majesty of the law.According to the latest statistics,violent assaults are the main cause of police casualties.They occur in any part of police law enforcement.Because of the professional nature of the police,it is of the utmost importance to take active and effective measures to curb the occurrence of violent assaulting police.In 2015,China promulgated the "Criminal Law Amendment(IX)",which classified the violent assaulting police into the crime of nuisance of public service.As a serious punishment for sentencing,this is also the first time that China has classified the violent assaulting police into the criminal law.There is a certain necessity for violent assaulting police to enter the sentence.In the mode of imprisonment,China has already established a model for nuisance of public servants.There is no excessive controversy about whether or not to smuggle police crimes.On the basis of analyzing the necessity of violent criminal punishment in China,the author analyzes the constitutive elements of the violent attack and punishment system,mainly on the objective and subjective aspects,and puts forward many viewpoints in the process of discussion.Guiding the judicial practice has put forward its own views.Finally,it analyzes the judicial determination of the crime of violent assault-type nuisance public service,which mainly includes active issues such as sin and non-crime,one crime and several crimes,joint crime and criminal form.At the same time,there are flaws in the violent attack and punishment laws and regulations in China.In China,the criminal law system for violent assaulting police behavior still has problems such as statutory punishment and narrow violent behavior.Therefore,based on the comprehensive analysis of the defects of violent assaulting police in China,It proposes measures such as reasonable increase of statutory punishment and expanded interpretation of violent acts to further improve the criminal law system of violent assaulting police in China.