Legal Doctrinal Analysis Of The Crime Of Assaulting Police Officer

With the introduction of the 11 th Amendment to the Criminal Law,the crime of assault on police was officially established,which means that the criminal regulation of assault on police has changed from the "assault on police by violence" clause of the crime of obstructing public service to the current independent charge.After the revision,the Criminal Law has strengthened the punishment for attacks on police,effectively curbing possible cases of violent attacks on police,and escorting the normal duty management activities of the people’s police.From the Angle of legal doctrine,this paper deconstructs the constitutive features of the crime of assault on police in detail,in order to provide some references for the judicial application of the crime of assault on police.In addition to the introduction and conclusion,the thesis consists of five parts.The first part is the object identification of the crime of assaulting police.Based on the analysis of the complex object theory and the simple object theory,this part proposes that the object of the crime of assault on police is the complex object,that is,the main object is the duty activities of the people’s police,the secondary object is the personal rights of the people’s police,and discusses in detail from the legislative intent,the position of the crime of assault on police and the social effect.The second part is the objective interpretation of the crime of assault on police.This is also the key chapter of this paper.First of all,it defines "violent attack".This paper analyzes "violence" and "attack" respectively,and draws the conclusion that "violent attack" is a sudden,unexpected and proactive behavior.Secondly,the identification of "performing duties in accordance with the law" is carried out.Centering on the time conditions and legal conditions,the identification criteria,judgment basis and judgment time node are analyzed.Finally,it clarifies the scope of "people’s police",Outlines the definition and legal scope of the people’s police,and analyzes the application of law to other personnel such as "auxiliary police" and "undercover police".The third part is the subject of the crime of assaulting police.After analyzing the views of "natural person subject theory" and "unit subject theory",combined with the identification problems that may occur in practice,it is considered that there is no need to take unit as the subject of the crime of assaulting police.The fourth part is the subjective judgment of the crime of assaulting police.By comparing the existing "direct intentional theory","indirect intentional theory" and "negligence theory",this paper holds that the subjective aspect of the crime of assaulting police is intentional,including direct intentional theory and indirect intentional theory,without negligence.The fifth part is the relationship between the crime of assault on police and other crimes.First of all,the paper analyzes the relationship between the crime of assault on police and the crime of obstruction of public service.This paper ho lds that the two have an inclusive relationship and constitute the confluence of law articles.Secondly,the analysis of the crime of assault on police,intentional injury,and intentional homicide may constitute a concurred situation.Finally,it expounds the distinction between the crime of assaulting police and the crime of refusing to execute the judgment and order,and analyzes the similarities and differences between them.