The Legal Doctrinal Study On The Crime Of Assaulting Police Officers

The Criminal Law Amendment XI adds the crime of assaulting police officers,reflecting the fact that the law enforcement authority of the people’s police is frequently challenged in reality.Due to the short implementation time and concise wording of the crime of assaulting police officers,there are many controversies in judicial practice,for example,there are no uniform and clear standards for the determination of "violent assaults",the scope of "people’s police" is vague,and the mechanical determination of"performing duties in accordance with the law" is problematic.When understanding and applying the crime of assaulting police officers,it is necessary to pay attention to analyzing the connotation of "violence" in the crime of assaulting police officers based on several meanings of "violence" in the criminal law.The "violence" in the crime of assaulting police officers does not include "soft violence",and the violence in this crime is different from the generalized violence in the crime of impairing official duties,which refers to narrow violence.Violent assaults should have a certain suddenness,but there is no requirement for the police to anticipate the possibility of violent behavior.Although from the perspective of textual interpretation,the target of the crime of assaulting police officers is the people’s police,from the perspective of law enforcement integration,when police auxiliary personnel perform their duties in accordance with the law,they can also be understood as the people’s police.People’s police officers shall exercise their statutory powers in accordance with legal procedures,and those who perform their duties and responsibilities in accordance with the law during nonworking hours shall also be deemed to be performing their duties.Only those who are legally and procedurally legitimate in nature can be considered legitimate in their duties.Excessive enforcement is illegal in their duties,while flawed enforcement can be considered legitimate if it has not had a significant impact or can be remedied later.Based on the particularity and complexity of police work,the time frame for people’s police to perform their duties should be reasonably expanded,in order to achieve the effect of protecting legitimate duty behaviors.