The Controversial Issues About The Crime Of Attacking The Police

In recent years,violent attacks on police occur frequently,and the risk of behavior means is becoming higher and higher.On the surface,the act infringes on the public power of the state,but the ultimate damage is the fundamental interests of the masses.Before March 2021,China usually punishes the violent assault on the police with the crime of obstructing public affairs in Article 277 of the criminal law,but it is gradually found that the governance effect is general,it is still necessary to introduce more stringent measures to curb the assault on the police,and all sectors of society have repeatedly suggested adding the crime of assault on the police in the criminal law.In order to effectively curb the rising trend of violent assault on police and strongly defend the national law enforcement authority,《 The criminal law amendment(11)》 has made significant amendments to paragraph 5 of Article 277 of the criminal law of the People’s Republic of China,added the crime of assault on police,and officially implemented on March 1,2021.After the addition of the crime of attacking police,the crime has become a hot topic of discussion for a time,and there are also some controversial problems to be solved in theoretical research and practice.If we want to apply the law more correctly,we must explore and analyze the controversial issues.Only by forming a unified understanding of the dispute can we give the same punishment to the same case.Therefore,the author discusses this topic.The crime of assaulting the police is usually an independent crime in the laws of common law countries.Civil law countries usually do not set this crime,but China is a civil law country.Before the establishment of the crime of attacking the police,according to the specific subjective purpose and criminal circumstances of the perpetrator,China’s criminal law convicted and sentenced the crime of attacking the police with the crimes of obstructing public affairs,intentional injury,intentional homicide and provocation,but different legal systems can not become an absolute obstacle to the addition of the crime of attacking the police.Since March 2021,the crime of attacking police has become an independent crime in China.There is a certain concurrence and cross relationship between it and the above crimes,which requires legal workers to clearly clarify the links and differences between relevant crimes,so as to apply the law more accurately.In this regard,the author analyzes the constituent elements of the crime of attacking the police in detail,especially the criminal object of the crime,and expounds that the legal interests to be protected by the crime of attacking the police are compound legal interests,including both the personal rights and interests of the police and the state administrative power.The author takes this view as the premise for most of the controversial issues about the crime of attacking police,so as to establish a unified logical starting point and form a coherent thinking method,so as to carry out comparison and analysis.Based on the above views,referring to the magazines,newspapers,papers and other references related to the violent attack on the police,and combined with 《The guiding opinions on punishing the illegal and criminal acts of attacking the police according to law jointly》 issued by the Supreme People’s court,the Supreme People’s Procuratorate and the Ministry of public security in 2020,the main views obtained in this paper are: the legal interests protected by the crime of attacking the police are compound legal interests The crime is consequential crime,violent attack on police equipment still constitutes the crime of attacking the police,the auxiliary police should also become the object to be protected by the crime of attacking the police,violent attack on the police only refers to physical violence,attacking the police during non work may still constitute the crime of attacking the police,and the police law enforcement should be protected in accordance with its own law.In addition,the author analyzes the imputation principle of the behavior made by the perpetrator in the case of subjective cognitive error,and thinks about the police’s defense right.It is believed that with the deepening of the research on the crime of attacking police and the introduction of relevant explanations,the controversial issues of the crime will be solved one by one.