Research On The Clause Of Giving A Heavier Punishment For Assaulting Police With Violence

In the past two decades,?the violence assaulting police has been common.?The violence assaulting police not only infringes upon the personal rights and interests of the police,but also undermines the legal authority of the state and the normal administrative order of the state.In the jurisprudential?circle and practice,there has been a heated debate on whether the crime of assaulting police should be added to the criminal law.In 2015,the amendment to criminal law(ix)adopted the legislative model of compromise on this issue.It is still punishable for assaulting the police in the crime of hindering official business,but in the fifth paragraph of article 277 of the criminal law,a heavier punishment clause for the violence assaulting police was added.It is of great theoretical and practical significance to inductively analyze?the major disputes on the legislative mode of criminal law of attacking police,evaluate the gains and losses of the legislative model of compromise adopted by the amendment to criminal law(ix)on the crime of assaulting police,interpretate deeply of the applicable conditions of the clause of the heavier punishment for the violence assaulting police,analyze the outstanding problems on the judicial determination of?the violence assaulting police,and explore the rationality of the regulation,Guidelines on punishing crimes of attacking the police in accordance with the law,that the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security jointly formulate in 2019.This?thesis?mainly includes the following five parts:The first part is the dispute and its evaluation that whether to add the crime of assaulting police in the criminal law.This is an analysis of the background of the legislation on the heavier punishment clause about the violence assaulting police.This thesis summarizes and sorts out the theoretical disputes on whether to add the crime of assaulting police separately,and evaluates the major disputes of all parties' viewpoints.The second part is to evaluate the gains and losses of ?the legislative model of compromise adopted by the amendment to criminal law(ix)on the crime of assaulting police,affirm the practice of creating the provision of the violence assaulting police,and raise related problems,such as insufficient authorized interpretation and confusion of judicial application.The third part is an in-depth interpretation of the applicable conditions of the clause of?the heavier punishment for the violence assaulting police.This thesis summarizes and analyzes the theoretical disputes on the relevant factors of the heavier punishment clause for the violence assaulting police,such as the means of violent attack,the scope of the police,the carrying out of duty and the legitimacy of duty,and further clarifies the applicable conditions of the clause of ?the heavier punishment for the violence assaulting police.The fourth part is to analyze the prominent problems in judicial determination of the violence assaulting police.This part is to clarify the boundary between the crime of the violence assaulting police and the non-crime,the concurrence or involvement?between the crime of the violence assaulting police and the other crime,?and the heavier punishment in the joint crime.The fifth part is to discuss the sentence?of the violence assaulting police.This part is to analyze the further punishment of violent attacks on police by Guidelines on punishing crimes of attacking the police in accordance with the law,that the Supreme People's Court,the supreme people's procuratorate and the ministry of public security jointly formulate in 2019.,and clarify the rationality of further heavier punishment.