Research On The Determination Of The Crime Of Disrupting Public Service

The crime of obstructing official duties refers to the crime of disrupting public service in the execution of their duties by committing violence or threatening acts,which is stipulated in Chapter 6 of the Criminal Law of China.2020,the outbreak of the new crown epidemic,in order to protect the lives and health of citizens and maintain the public order under the epidemic prevention and control,all over the country have formulated epidemic prevention measures to strengthen the administrative and law enforcement work of epidemic prevention.During this period,conflicts between citizens and epidemic prevention workers have emerged,resulting in the ineffective implementation of epidemic prevention work.In response to this situation,most of the judicial organs have been trying to maintain the social management order under the epidemic prevention and control by finding that the perpetrator constitutes the crime of obstruction of official duties.However,due to the abstract provisions of the crime of obstructing public service in China’s criminal law,there are problems in judicial practice,such as the unclear scope of the staff of state organs,the unclear criteria of "violence and threat" and "performing public service according to law",which leads to the expansion of the application of this crime.In the judicial practice,there is a lack of clarity in the scope of the state organs’ staff,and the criteria of "violence and threat" and "performing official duties in accordance with the law" are not clear.In this paper,we analyze the theoretical knowledge of criminal law by sorting out the controversial points of the three cases under epidemic prevention and control.Firstly,on the basis of the connotation of the staff of state organs,we analyze the identity of the epidemic prevention staff involved in the cases;secondly,we interpret the "violence and threat" in the composition of this crime from three perspectives,namely,the essential characteristics,the manifestation and the extent of the crime,by taking into account the legal interests protected by this crime;finally,we analyze the source of the "law" in the execution of official duties according to the law and the official acts.Finally,by analyzing the source of "law" and the scope of official acts in the execution of official duties in accordance with the law,the criteria for judging the legality of the execution of official duties are clarified.Through the above analysis,the following conclusions are drawn on the criteria for determining the crime of obstruction of official duties under epidemic prevention and control: firstly,the scope of state organs is strictly limited;secondly,the "violence and threat" in this crime is accurately determined;and thirdly,the determination of official acts in the execution of duties is considered under multiple factors.On the basis of this conclusion,we propose our own suggestions for improving the judicial application of this crime under epidemic prevention and control: first,to harmonize the relationship among the rules and policies of the crime of obstruction of official duties;second,to strengthen the arguments of "performing duties in accordance with the law" in the judgment documents;third,to reasonably choose the punishment for obstruction of official duties,in order to provide theoretical support for relevant legislation and judicial practice.The second is to strengthen the argumentation of "performing duties in accordance with the law" in the judgment documents.