| The 11 th Amendment to Criminal Law separates the assault on police from the crime of obstructing public service and sets up the crime of assault on police separately.Therefore,the theoretical and practical circles have a lot of discussions on the identification of the crime of assault on police,especially in the objective elements of the crime of assault on police,"violent attack","performing duties according to law" and "people’s police".This also means that the crime of assault on police has certain research space and research significance.Through sorting out and analyzing the theoretical and practical disputes in three aspects of the objective conditions of the crime of assault on police,this paper forms certain understandings and views.The forms of violence in the crime of assault on police include direct violence and indirect violence,that is,direct violence to the people’s police and violence to objects so as to affect the personal safety of the people’s police;The characteristics of violent means are tangible,active aggression and hard violence;The degree of violence should be abstract danger,it should not hinder the people’s police from performing their duties in reality,it should not cause minor injury to the police,it should not suppress the police resistance,and light violence should not constitute the crime of assault on the police;Attacks on civilian police do not require foresight.The time frame for "lawfully performing duties" includes the preparatory phase,commencement and activities closely related to the performance of official duties;The legitimacy of duty behavior should conform to the abstract duty authority,specific duty authority as well as the important conditions,methods and procedures stipulated by law.Defective law enforcement does not affect the legitimacy of police duty behavior."People’s police" should take "position theory" rather than "identity theory",that is,police auxiliary personnel belong to the object of protection of this crime. |
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