Research On Several Issues Of The Crime Of Assaulting Police Officer

Since the criminal law amendment(11)added the crime of assaulting a police officer,there have been controversies in the theoretical and practical fields regarding the four aspects of judicial determination of the crime of assaulting a police officer,including the determination of legal interests in the protection of the crime of assaulting a police officer,the determination of violent attacks,the objects protected by the crime of assaulting a police officer,and the determination of police officers performing their duties in accordance with the law.Among them,the determination of the protection of legal interests in the crime of assaulting police officers is the most fundamental issue,and clarifying the protection of legal interests in the crime of assaulting police officers can accurately determine the other three aspects.The legal interests protected by the crime of assaulting a police officer should be dual legal interests,including the smooth execution of police duties in accordance with the law and the personal safety of the police officer.Objectively,the violent attack of assaulting a police officer should include direct violence and indirect violence that can have an impact on personal safety,and should be limited to active attacks and should not include passive resistance.The protected objects of the crime of assaulting police officers should include police auxiliary personnel who participate in and assist police law enforcement.As a restrictive condition for the crime of assaulting police officers,the legality of police officers performing their duties should meet the dual legitimacy of form and substance,and the legality of their duties should be judged and recognized from the perspective of judges.The judgment of the time nodes for job activities should be determined from a substantive perspective,and the lawful performance of duties during non working hours should also be considered as the execution of duties.At the same time,in judicial practice,attention should also be paid to the issue of overlapping charges such as assaulting police officers,obstructing official duties,and intentional injury,in order to accurately identify crimes.