Research On Difficult Problems Of The Crime Of Assaulting Police Officer

The current social situation in my country is complicated and diverse,and various contradictions are prominent.As law enforcement officers,the police are the main law enforcement subjects in any social situation.In order to vigorously crack down on the police behavior,maintain the dignity and law enforcement authority of the legal system,and respond to social criminal acts in a timely manner,my country officially introduced the Criminal Law Amendment(11)on December 26,2020.The "Criminal Law Amendment(11)" will be independent of the crime of attacking the police from the crime of obstructing official duties.It has changed from a hidden regulatory model to a explicit regulation model,which more highlights the majesty of the law.However,as a new charging,due to the low grasp and application of crimes,the legal professional community such as public prosecutors and lawyers has argued in the application of this crime.The unclear and other phenomena of the other sin caused the results of many judicial practice in the judicial practice.Through the introduction of the two typical cases,the author starts with the opinions of the three parties in the case of control and debate.The establishment conditions,upper limit and lower limit of violence in the case,the analysis of the police rescue behavior,and the impact of the perception of the wrongdoing of the perception of the impact on the establishment of the police officer’s establishment of the police For analysis,it is found that violence should be "broad violence",the lower limit of violence should reach the consequences of minor injuries and above,and it achieves the purpose of being sufficient to hinder the execution of the police.The upper limit of violence should include serious injuries and deaths;The scope of the police execution should be expanded,but the execution behavior of their positions should be restricted by legitimacy.It is also necessary to distinguish the job behavior and personal behavior.You cannot simply explain the "affirmation theory" and "negative theory",but should evaluate whether the stage is in the scope of time in accordance with the law of the continuity and integrity of law enforcement;The police identity and realization of their own illegal acts have the effect of hindering the execution of the police,and the indirect intentional intention of the perpetrator is not the subjective and intentional content of this crime.In addition,the police officer in drunk should be determined as intentional according to the cause.In the wrong understanding,the wrong understanding of the law of official duties,and the wrong understanding of the specific content of official execution cannot hinder the establishment of the crime of attacking the police.