Research On The Identification Of The Crime Of Attacking Police

As the creation of "criminal law amendment(11),sin became an independent on charges of assaulting a police officer,now nearly a year,was formally implemented in the behavior of assaulting a police officer does play a regulation a better deterrent,is conducive to the smooth progress of the people’s police official activities,but at the same time we should be alert to that crime judgment assaulting a police officer at an extremely rapid pace,momentum is pursued for dangerous driving sin,It is "within reach" to become the second biggest crime in China,so it is very important and imperative to reasonably grasp the identification of the crime of assaulting police.There are still many disputes in the identification process of the crime of assaulting police,such as how to identify "violent assault",how to identify "performing duties according to law","whether auxiliary police can be the target of the crime of assaulting police",etc.Facing these disputes,there has not been a clear judicial interpretation.The thesis includes three parts except the Introduction: The first part makes a general summary of the elements of the crime of assaulting a police officer,which is helpful to have a macro understanding of the crime of assaulting a police officer,among them,criminal object is the position of the people’s police enforcement activities and do not include the personal right,the police in the objective aspect,the method of inaction can also constitute the crime of assaulting a police officer.Except for natural persons,the crime subject cannot be the subject of the crime of assaulting a police officer.In the subjective aspect of the crime,the perpetrator must be well aware that the police are performing their duties in accordance with the law.The second part classifies the controversial points and viewpoints of all parties in the identification process of the crime of assaulting police,and makes a comparative evaluation of each point of view.The third part,in view of the issues related to the paper puts forward the solution to the violence that shall include direct violence and indirect violence,violence should not include the soft,damage behavior does not belong to crime,violence,for out in terms of behavior should adopt the principle of homogeneity to explain to understand,the degree of sin shall take the specific standard of dangerous crimes,Impeded achieve enough to make the position of the people’s police activities.The time conditions for performing duties according to law should be appropriately relaxed according to the characteristics of the task,and judged by the standard of "whether it is closely related and necessary".The legitimacy of the post conditions shall carry out a comprehensive judgment,both authority and procedures,and referee as benchmark,a neutral judge by the judge,In terms of the identification of the objects of crime,the close relatives of the police should be excluded from the objects of crime.When the auxiliary police perform their duties together with the people’s police,they should also carry out a reasonable protection for the activities of the auxiliary police and consider them as the objects of the crime.