Research On Several Issues In The Identification Of The Crime Of Assaulting Police Officer

On March 1,2021,the "Eleventh Amendment to the Criminal Law of the People’s Republic of China" was officially implemented and the crime of assaulting a police officer eventually became an independent crime.This is the first time that a separate statutory penalty has been set for assaulting a police officer and since then,the crime of assaulting a police officer has been formally written into our criminal law.In the social process of comprehensively managing the country according to law,ensuring the law enforcement authority of the national police in accordance with the law and protecting human rights in accordance with the law are equally important,and addressing the challenges posed by a series of social contradictions in the new situation,comprehensively managing the country according to law advocates that all people learn the law,abide by the law,use the law,advocate the law,and revere the law,thereby establishing legal authority.This paper is divided into four parts.The first part describes the overview of the crime of assaulting a police officer,including the significance of the establishment of the crime of assaulting a police officer,the historical evolution of the establishment of the crime of assaulting a police officer,and the judicial status quo of the crime of assaulting a police officer.The second part elaborates on the study of crime and non crime in the determination of the crime of assaulting a police officer.In this section,the author discusses the controversial elements of the crime of assaulting a police officer from the aspects of subjective determination,behavior mode,and behavior object: whether the object of violent attack in the crime of assaulting a police officer includes indirect violence,how to determine the degree of violence,the review and determination of the legitimacy of the people’s police position,the determination of the temporal and spatial scope of performing duties,and whether the auxiliary police officer belongs to the object of the crime of assaulting a police officer.The third part is the research on the determination of this crime and that crime in the crime of assaulting a police officer.This section mainly focuses on various related crimes that often accompany the identification of the crime of assaulting a police officer.The author focuses on analyzing and comparing the criminal composition of the crime of obstructing official duties,the criminal composition of the crime of intentional injury,the crime of intentional homicide,and the criminal composition of the crime of causing trouble.The fourth part is the reflection on the determination of the crime of assaulting a police officer from the perspective of the police.In the crime of assaulting a police officer,the police act as the object of infringement,while the police organ is the investigation organ for filing a case in criminal proceedings.This will undoubtedly bring unavoidable problems to the judicial determination of the crime of assaulting a police officer: the victim simultaneously plays the role of filing and investigating a case of assaulting a police officer.In order to better apply the crime of assaulting a police officer,the author proposes to explore the mechanism of remote jurisdiction of the crime of assaulting a police officer,the mechanism of procuratorial organs’ early intervention,and the mechanism of criminal incidental civil public interest litigation for the crime of assaulting a police officer,in order to balance the rights and interests of all parties in the case of assaulting a police officer and maintain judicial justice.Therefore,the author hopes to provide some suggestions for the determination of the crime of assaulting a police officer through the study of this paper,in order to contribute to the construction of the rule of law in China.