The Amendment(11)of the Criminal Law,which came into effect on March1,2021,amended Article 277,paragraph 5,to modify the clause that the original violent attack on the people’s police officers who were performing their duties according to law was "heavily punished in accordance with the crime of obstructing official duties".Those who seriously endanger the personal safety of the police by means of using firearms,controlled knives,or driving a motor vehicle to hit the police shall be sentenced to fixed-term imprisonment of not less than 3 years and not more than 7 years.The Supreme People’s Court and the Supreme People’s Procuratorate issued supplementary provisions on crimes,adding the crime of assaulting a police officer in accordance with this law.Violent police assault incidents continue to occur in my country.The theoretical and judicial practice circles have been discussing the addition of the crime of assaulting police for nearly 20 years.The addition of this crime not only meets the needs of social management,but also responds to strong appeals from various parties over the years.However,how to accurately grasp and apply the crime of assaulting police in practice is still an important issue.The crime of assaulting a police officer has been in force for a short period of time,and there are still many controversies in theory and practice,such as the means of violent behavior,the legality of duty behavior,and the identification of the scope of the people’s police.There is a lack of unified standards for understanding these issues.The first chapter of this paper first sorts out the legislative evolution of the crime of assaulting a police officer in China,and collects the relevant provisions of some foreign laws on assaulting a police officer,so as to provide some reference for strengthening the legal regulation of assaulting a police officer in China.The second chapter analyzes the present situation,characteristics,causes and harms of violent assaulting police in China,and expounds the necessity of adding the crime of assaulting police.In the discussion of the crime of assaulting a police officer,one of the controversial points is the conflict between the crime of assaulting a police officer and the existing crime.The third chapter of this paper makes a detailed interpretation of the crime and the number of crimes,and separately explains the main crimes involved,such as nuisance of official duties,intentional injury and intentional injury.The fourth and fifth chapters discuss the difficult points of the actual determination of the crime of assaulting police from the aspects of conviction standard,violence degree,duty behavior and so on,and analyze and elaborate the controversial issues in combination with the normative protection purpose of the crime of assaulting police,so as to put forward personal opinions for strengthening the judicial application of the crime of assaulting police. |