Study On Objective Elements Of Crime Of Assaulting Police

The problem of violence against police has been widely concerned by the society.The Criminal Law Amendment（11）added the crime of assaulting the police,and increased the provisions of heavier punishment for some behaviors of violently assaulting the police by high-danger means.However,there are still many disputes in the theoretical and practical circles about the identification of objective elements of the crime of assaulting police.Especially in the definition of scope and degree of "violence",violence infringe upon whether the object contains auxiliary police assaulting a police officer,"is carrying out their duties according to law" the duty behavior involved time node,legitimacy,the scope of duty behavior,as well as the crime of assaulting a police officer compound composed of standards,etc.,due to the related law and judicial interpretation did not give detailed,clear and specific provision,Not only the academic circles are divided,but also the judicial practice circles.Obviously,it is very important to evaluate and identify the objective elements of the crime of assaulting police.This paper mainly consists of four parts,the first part is the behavior of the crime of assaulting the police,mainly to the scope of the "violent attack",the extent of the existing problems are analyzed,the reasonable determination of the "violent attack" range,standards are defined."Violence" should be limited to "narrow sense violence",and should be direct violence;As for the degree of violence,the lower limit of the degree of violence should be appropriate to cause minor injuries to police officers,and the upper limit of the degree of violence should include serious injuries and death.The second part is the object of the crime of assaulting police,mainly discusses the legal status of auxiliary police of public security organs and other organs respectively.It is believed that auxiliary police should be granted partial power of law enforcement and the legal status of auxiliary police in this crime should be clarified.The third part is the crime of assaulting a police officer behavior conditions,mainly on "are carrying out their duties according to law" controversy and reasonable definition to carry on the analysis,especially in preparation for performing their duties,clearance and finished stage whether belong to "are" performing their duties,shall be performed in combination of judgment whether has a close correlation between official activities;The lawful duty conduct should have the general duty authority and the specific duty authority,at the same time accord with the legal conditions and procedures.The fourth part is the determination of the aggravating constitutive behavior of the crime of assaulting police,which mainly evaluates and analyzes the internal logic of the aggravating constitutive elements of the crime of assaulting police,and defines the aggravating constitutive behavior.The author holds that "seriously endangering his personal safety" plays a limiting role in "the use of firearms and other means",and that "such means" should follow the same interpretation principle,and should also be restricted by the former.