Empirical Study On The Conviction And Sentencing Of Assault On Police Crime

In order to further crack down on the crime of assaulting police,the Criminal Law Amendment(XI)makes the crime of assaulting police a crime.However,the description of the constitutive elements of the crime of assaulting police is very simple,coupled with the lack of corresponding judicial interpretation,which leads to the unclear connotation and extension of the elements of the crime of assaulting police.Moreover,the crime of attacking the police is not a common crime in the Sentencing Guidelines,and lacks clear sentencing guidance rules.As a new crime,the crime of assaulting the police needs to explain its core elements and test its judicial operation.This paper sorts out the core disputes of the crime of assaulting police,and conducts empirical research on 409 judgment documents of assaulting the crime of assaulting police and 657 judgment documents of obstructing public business,in order to find out the conviction rules and sentencing rules of the crime of assaulting police in judicial practice,and try to provide normative suggestions.Specifically,the conviction is mainly for the following three points: first,the definition of the meaning of violent attack;second,the application of auxiliary police;third,the understanding of the legal interests of violent assault on police.In terms of sentencing,the regression analysis is conducted according to the logic of selecting probation.The main body of the full text is divided into four chapters,totaling about60,000 words.The specific content of each chapter is as follows:The first chapter is the origin and research method of the problem,which analyzes the key problems in the crime of attacking police theoretically and introduces the research methods used in this paper.The key issues are divided into two aspects: conviction and sentencing.Among them,the most controversial issue is the definition of violent attack,which mainly focuses on the meaning of violence,the understanding of attack and the degree of violent attack,but no consensus has been reached.Secondly,the issue of whether the auxiliary police can apply is mainly the affirmative theory,negative theory and differentiation theory.Finally,for the understanding of the assault on the police,there are compound legal interest theories of social public order,the people’s police official interest theory,the people’s police official business and the personal right.The most supportive is the people’s police official interest theory and the compound legal interest theory.The sentencing is mainly tested from the influencing factors of the determination,the determination of the base sentence and the influencing factors of the application of probation.Regarding research methods,descriptive statistics and induction are used for conviction;SPSS statistical analysis software,binary Logistic regression analysis and multiple linear regression are used for modeling.The samples were all obtained from the composite case network,and the year of trial was2021-2022.The second chapter is the empirical analysis of the conviction of the police attack crime.The empirical analysis of the conviction of the police attack crime is conducted.On the basis of the theory,the key factors include the mode of behavior,personal injury,the characteristics of the attack,the object of the attack and the type of legal interest.The study found that the judicial practice generally follows the pattern of violence without requiring the degree of injury to the police;the protection object of assault police includes auxiliary police,but does not distinguish between "affirmative theory" or "differentiation theory";the legal interest of protection is not analyzed.Finally,it is concluded that the cases of attacking the police crime show the "three more" characteristics of unarmed attack,more mild degree of personal injury,more common attacks on auxiliary police,and the judicial situation that practice and theory do not fit well.The third chapter is the regression analysis of the sentencing of the police attack,the sentencing of the police attack,and combined with the sample of the crime of obstructing official business.According to the theory,samples and sentencing guidance documents,sort out the behavior,attack number,degree of independent variables,surrender,confession,with punishment(criminal detention and fixed-term imprisonment),fixed-term imprisonment and whether applicable probation as the dependent variable,respectively,the police crime and breach of official business data import SPSS software to build a regression model.After the analysis of the regression results,the significant influence factors,the influence size and the formula of the sentence of the crime are found.Compared with the crime,the crime of attacking the police is lighter but the prison term is longer.The fourth chapter is the reflection and standardization suggestions of the conviction and sentencing of assault police,which reflect on the empirical results and put forward standardized suggestions.After reflection found attack police crime conviction "violence" unclear definition lead to only attack theory,auxiliary police apply not unified lead to class case not class,lack of law cause improper expand the scope of the punishment,and targeted logical logic for "from behavior to law",clear behavior characteristics should conform to the "three limits"(refers to violence narrow tangible force,violence should have sudden and enthusiasm,violence should be within the scope),protection object including auxiliary police,attack the police crime protection law is the people’s police position and personal safety.In terms of sentencing,there is the unbalanced application of punishment and probation,only the result of benchmark facts,the lack of sentencing circumstances and the application of different circumstances,it is suggested to improve the application rate of public surveillance,detention and probation;consider the criminal facts such as the mode of behavior and the number of attacks,including the lenient circumstances such as surrender,confession and confession.Unified the application of active compensation and understanding circumstances.