Research On The Criminal Regulation Of The Crime Of Attacking Police In China

In the context of rapid socio-economic development in recent years,social contradictions and social problems have become increasingly sharp and prominent,accompanied by the frequent occurrence of the cases of assaulting policemen.In addition,cases of this type are often violent,organized,and large in scale.There are many factors that may help explain this phenomenon,such as the intensification of social contradictions due to the absence of problem-solving channels,the weak legal consciousness on the part of policemen as the subject of law enforcement,and the lack of progress in the standardization of law enforcement advocated in recent years.However,the key lies in the vacancy of legislation over the behavior of assaulting policemen.That is,while the problem of assaulting policemen is becoming more and more complicated and serious,the criminal legislation in this field is lagged behind.By investigating the status of the problem of assaulting policemen in China and referring to the experience and achievements of scholars both at home and abroad,we have explored the possibility of establishing the crime of assaulting policemen and resolving the realistic predicament under the framework of the criminal law.This paper consists of four parts:Part 1 clarifies the definition and characteristics of the behavior of assaulting policemen,ascertains the causes of different behavior types reflected in the high-frequency situation,and analyzes the necessity of legislatively regulating this behavior,thus laying a theoretical foundation for follow-up research.Part 2 summarizes existing legislative rules in this field in China,and raises some current problems in combination with the Amendment(IX)to the Criminal Law and the Guiding Opinions of the Supreme People’s Court,the Supreme People’s Procuratorate and the Ministry of Public Security for Punishing Violators Assaulting Policemen according to the Law.Part 3 analyzes the advanced legislative experience of foreign countries in this field,and explores the feasibility of establishing the crime of assaulting policemen on the basis of sorting out related academic debates.Part 4 elaborates on the legislative idea of introducing a separate crime of assaulting policemen based on the theory of crime constitution.Aiming at solving the problems related to the behavior of assaulting policemen in China’s legislative and juridical practice introducing a separate crime,this paper conducts a preliminary exploration of criminal legislation over the behavior of assaulting policemen,and intends to provide some reference for the revision of laws in this field in China.