Study On Criminal Law Regulation Of Attacking Police

Around the world,the police may have different responsibilities,but the same is to maintain the normal order of the country and protect the safety of the public.China is in the stage of social transformation and rapid economic development,in this context,the police profession is facing unprecedented challenges.Because of the special nature of work,the police will often stand in the front of the danger,is likely to be the criminals or other personnel attack injury or revenge.In recent years,police have become one of the most dangerous professions in peacetime,with incidents of vicious insults,beatings,injuries and even malicious revenge against police and their families.The act of attacking the police not only seriously infringes upon the personal and property rights of the police,but also challenges the national authority represented by our laws and the law enforcement of the police.This paper collects the cases of attacking police in recent five years in China,analyzes the development trend of attacking police behavior in detail,draws on the experience of the criminal law regulation of attacking police behavior in foreign countries with perfect rule of law,discusses the deficiencies of the current legislation and judicial practice of attacking police behavior in China,and proposes two ways to effectively regulate attacking police behavior.This paper consists of three parts: introduction,body and conclusion.The text is further subdivided as follows:The first part makes a careful analysis of the collected data,and then summarizes the development trend of police attacks in recent years and analyzes the harmfulness of police attacks.On the one hand,the statistics of the number of attacks on police in recent years,the number of police casualties,the number of attacks on police,the situation of attacks on police,the use of weapons in attacks on police,the number of people involved in the case,the number of police attacked in the case,and the status quo of attacks on police from many aspects.On the other hand,the author discusses the serious harm to the state,the society and the police caused by attacking the police.The second part analyzes the criminal law regulation of attacking police in foreign countries and summarizes the experience that China can learn from.By comparing thelegal provisions on conviction,sentencing and protection of police rights and interests between common law countries and civil law countries,this paper analyzes and summarizes the experience suitable to our national conditions.The third part analyzes one of the ways to regulate the attack on police-adding the crime of attack on police.Firstly,different viewpoints on the crime of assaulting police in the field of criminal law are sorted out,and the reasons for different viewpoints are analyzed.Secondly,it analyzes the necessity of adding the crime of assaulting police.Thirdly,the concept,constitutive elements and statutory penalty setting of the crime of assaulting the police should be clarified to improve the legislative system of the crime of assaulting the police.Finally,it analyzes how to prevent the abuse of the crime of assaulting the police from three aspects: the police,the law and the society.In the fourth part,the author analyzes the two ways of regulating the attack on police-establishing the right of police defense.Firstly,it expounds the necessity of establishing the right of police defense,and then mainly analyzes the nature,application conditions and provisions of the right of police defense.