Investigation On The Judicial Application Of The Crime Of Assault On Police

With the official implementation of the 11 th Amendment to the Criminal Law,the crime of assault on police has been widely applied in judicial practice as a new charge,which has strengthened the intensity of the attack on police and the legal deterrent.The criminal regulation approach of assault on police can no longer only rely on the crime of obstructing public duties,the crime of picking quarrels and provoking trouble,which reflects the self-improvement of the penal system,the comprehensive consideration of criminal policy and the practical needs of social governance.As a socialist country with Chinese characteristics,China must attach great importance to the protection of social interests and the overall orderly operation of social order.The investigation of crime can not be separated from the criminal policy.Today’s society is in a transition period,the people’s police in the front line of law enforcement need to face and deal with many social problems for a long time,inevitably there will be conflicts between the police and the people.It is an inevitable requirement of the rule of law to maintain a zero-tolerance attitude towards attacks on police that involve complex means,escalation of violence and serious threat to the personal safety of others.However,it is also an appropriate way of the rule of law to make substantial crimes against attacks on police that involve significant and minor circumstances and little harm.The main part of this paper consists of four chapters,aiming to re-examine the judicial application process of the crime of assault on police,deeply understand the core essentials of "violent assault" and "people’s police",further clarify the application boundary of the crime of assault on police and the crime of obstruction of public service,and put forward normative suggestions for the judicial application of the crime of assault on police.To limit the generalized application of the crime of assault on police.The first chapter is the general situation of judicial identification of assault on police.Through empirical data research on 192 judgment documents of crime of assault on police and 35 judgment documents of crime of obstruction of public service,the author sorts out the status quo of judicial recognition of assault on police,and draws a conclusion that most of assault on police belongs to minor violence,which is characterized by diversified types of behavior,minor damage,targeted behavior and lighter criminal sanctions.The second chapter is about the problems existing in the judicial application of the crime of assault on police.This part puts forward the problem that the judicator is not clear about crime and non-crime,this crime and that crime when attacking the minor illegal and criminal behavior in practice.The specific problems mainly focus on the different recognition of "violent assault" behavior,the disagreement on auxiliary police as the target of the crime of assault on police,and the unclear application boundary between the crime of assault on police and the crime of obstruction of public service.The third chapter is the causes of the judicial application of the crime of assault on police.In the aspect of behavior identification,due to the controversy between the theoretical and practical circles on "violent assault",in practice,the judicial personnel did not distinguish the active attack and passive resistance attributes of "violent assault" behavior of police crime,nor did they comprehensively consider the manifestation form and substantive impact of the behavior,leading to the judicial phenomenon that the crime of police assault gradually expands the penalty circle and the mechanization of punishment in criminal justice.In terms of the object of crime,because the criminal law system has not made clear whether auxiliary police belong to the object of protection of the crime of assault on police,the theoretical circle and the practical circle have different opinions on the scope of "people’s police".In practice,the personal injury of auxiliary police is often taken as the basis for conviction of the crime of assault on police,leading to the constant confusion of the identity of auxiliary police.In terms of the applicable limits of the crime of assault on police and the crime of obstruction of public service,due to the influence of the special object of the new crime of assault on police,the judicial personnel did not strictly distinguish the subjective and objective conditions of the two crimes,nor did they thoroughly distinguish the relationship between the two crimes,resulting in the situation of "different sentences for the same case" or the light determination of the perpetrator’s non-difficulty.The fourth chapter is the judicial application of the crime of assault police standard suggestions.This part mainly starts from clarifying the basic law interests of the crime of assault on police,clarifies the connotation and extension of "violent assault",clarifies the identity positioning of auxiliary police in the criminal law system,and substantively distinguishes the applicable boundaries of the crime of assault on police and the crime of obstruction of public service.In order to further standardize the judicial application of the crime of assault on police,make the judicial practice of the crime of assault on police more unified and orderly,and protect the legitimate rights and interests of criminal suspects and defendants,the author proposes that legislators should legislate and amend the law on the controversial issues of the crime of assault on police,and the judicial personnel should abandon the practice mode of frequently imposing punishment on the behavior of assault on police.In order to maximize the judicial fairness in the application of the crime of assault on police in the future.