Research On Judicial Application Of The Crime Of Assaulting Police

In recent years,the number of violent attacks on police officers has increased,which not only hinders the smooth execution of duties,but also endangers the personal rights and interests of the police officers,and for this reason,there is a call for the establishment of a separate offence of assaulting police officers.The Amendment to the Criminal Law(XI)has responded to this by separating violent assaults on police officers from the offence of obstruction of official duties,forming an independent regulatory model that includes both basic and aggravated offences,with correspondingly two levels of statutory penalties.The offence of assaulting a police officer has been widely used in judicial practice since its official introduction.The offence of assaulting a police officer has been widely used in judicial practice since its formal introduction,and has indeed played a certain role in combating related crimes,effectively guaranteeing the smooth execution of police duties and enhancing the authority of police law enforcement on the one hand,and protecting the personal safety of police officers on the other.However,a large number of judicial precedents still show that there is ambiguity in the application of this crime,mainly in the interpretation of the objective elements of "violent attack" and "people’s police",in the application of the relevant offences and in the judgement of the aggravated punishment provisions.In order to uphold the modesty of criminal law and maintain judicial credibility,it is necessary to include the protection of the personal rights and interests of police officers in the crime of assaulting police officers.At the same time,there is a need for a precise understanding of the term "violent assault" and "people’s police" in the offence of assaulting a police officer,as well as a reasonable determination of the application of the offence and the aggravating circumstances.First of all,the objective elements should be accurately grasped,and in determining the means of "violent assault","intimidation,threats" and violence against objects that do not affect the performance of duties should be excluded,while direct and indirect violence against persons and violence against objects that affect the smooth performance of duties should be included.In addition,attention should be paid to the upper and lower limits of violence,with serious injury and death as the upper limit of violence and minor injury and interference with the performance of the duties of the people’s police officer in accordance with the law as the lower limit of violence,so as to reasonably limit the degree of violence.In the understanding of "people’s police",both the "status theory" and the "duty theory" should be used,and the "compromise theory" should be used as the basis,with the status being diluted and the auxiliary police officers being treated as "police officers".The "compromise theory" should be used as a basis to dilute the status of other law enforcement subjects,such as auxiliary police officers,and place them on the same level of legal protection as the people’s police.Secondly,in terms of the application of the offence,a specific analysis should be made,and a balanced application between the offence and other offences should be achieved in accordance with the rules of competition between laws,imaginary competition and the adjudication of several offences,and other offences should be applied to those parts of the offence of assaulting a police officer that cannot be fully evaluated.Once again,in terms of the criteria for determining the aggravating circumstances,the use of firearms,controlled knives or driving a motor vehicle into a vehicle is taken as a formal criterion,and the underlying provisions are scientifically determined in accordance with the same rules of interpretation.The "serious endangerment of the person’s safety" is taken as a substantive criterion,and a variety of factors are taken into account to apply the aggravated penalty provisions.