A Study On Attacking Police Crime

In recent years,with a huge increase in attacks on police,the number of casualties among the people’s police nationwide has soared.These assaults and attacks on police reveal the contradiction and conflicts between police and people,which is extremely detrimental to the building-up of national authority and the construction of a harmonious society;therefore,it is of great significance in theory and in practice.Amendment(XI)to the Criminal Law of People’s Republic of China has declared the advert of Attacking Police Crime in China,further completing the criminal law,defensing the national authority and safeguarding legal sanctity.However,it has not achieved its purpose to the full in practice,due to the difficulty in its judicial determination,and lack of clear criteria on the ways of violent assaults,determination of the scope of the police,the identification of the ways of this crime,legitimacy in judicial enforcement.By the methods of literature research and empirical research,on the bases of grasping the original intention of legislation,adopting the existing theories as reference and analyzing the criminal constitution of Attacking Police Crime,it can be clear that the object of Attacking Police Crime is a complex one,including both the normal social management order of the state organs and the personal rights and interests of the policemen;The objective aspects mainly include the of crime with direct violence,indirect means and the way of neglection,among which the definition of violence advocates the theory of potential damage offense.The main body of attacking police should include the natural persons and the organizations,but not limited to the natural persons;constituting the Attacking Police Crime also requires that the offender has certain subjective intention,including direct intent and intent.By analyzing specific requisites to constitute this crime,some explorations and attempts are to be made to correctly handle the boundaries of clear demarcations between crimes;thus,it further provides some reference suggestions for the judicial practice.