Research On The Judicial Application Of The Crime Of Attacking Police

With the emergence of new types of crimes in the risk society,the traditional criminal liability mechanism can no longer prevent the trend of early and expanded infringement of legal interests.The addition of the crime of assaulting police officers is a major highlight of the Eleventh Amendment to the Criminal Law,and it is also a manifestation of the changing law enforcement environment and the improvement of social governance capabilities in the new era.From the heavy clause of assaulting police officers attached to the crime of obstructing official duties to the independent regulation of assaulting police officers,it is undoubtedly of great significance for the protection of the rights and interests of the people’s police,and has become a powerful "talisman" in the daily law enforcement process of the people’s police.However,in real life,it is not easy to classify physical conflicts and negative resistance behaviors with police officers as the crime of assaulting police officers.Through the sorting and analysis of 128 criminal judgment documen ts related to assault on police officers,this paper summarizes the typolo gical characteristics and incriminating trends of violent assault on police officers in the past two years,and uses case analysis to summarize the following problems in the judicial application of assault on police officer s: firstly,the judicial positioning for protecting legal interests in this cri me is vague,it tends to protect the personal rights and interests of the people’s police,without making substantive judgments on whether the be havior hinders the execution of official duties,Deviation in the positioni ng of legal interests will lead to a low threshold for criminalization;Sec ondly,the identification of the elements of "violence" is unclear,and the form,object,and degree of violence cannot be accurately grasped.The generalized application of the elements of criminalization will violate the principle of legality in criminal law;The third is the inaccurate characte rization of attacks on police auxiliary personnel in judicial application;T he fourth is to criminalize the form of minor dangerous behavior,leavin g no room for the application of the preceding law,resulting in the arbi trary expansion of the scope of punishment.In response to the above issues,the nature of the crime of assaulting a police officer can be defined as a specific dangerous crime,and specific optimization paths for the judicial application of the crime of assaulting a police officer can be proposed from the perspective of substantive criminal law.Firstly,correct the legal interest positioning of the crime of assaulting police officers in practice,clarify that this crime is a composite legal interest,and identify behaviors worth punishment by protecting legal interests,accurately incriminating them based on the difference in quantity;Secondly,from the perspective of institutional interpretation and practical application,clarify and refine the elements for the criminalization of "violence",providing operational identification standards for judicial practice;Thirdly,from a legislative perspective,formulate the "Police Auxiliary Personnel Law",establish legal liability clauses for attacking auxiliary police officers,in order to clarify their legal identity;Fourthly,from the perspective of substantive punishment,distinguish between general illegality and substantive illegality,and apply the "proviso" to substantively criminalize minor dangerous behaviors that do not have substantive illegality.Provide practical and feasible specific solutions for the judicial application of the crime of assaulting police officers from the above four aspects,in order to ensure the unity of social and legal effects,and achieve judicial justice in similar cases and judgments.Criminal punishment is not the best means of social governance,and using social policies to regulate the law enforcement process and resolve public disputes is the key.