Research On Jurisdictional Issues Of Off-Site Investigation Of Cases Involving Assault On Police Officers

The crime of assaulting a police officer is a new crime added to the original crime of obstructing official duties by the Amendment(XI)to the Criminal Law of the People’s Republic of China(hereinafter referred to as Amendment(XI)to the Criminal Law).Examining the application of the investigative jurisdiction of the crime of assaulting a police officer and the crime of assaulting a police officer to obstruct official duties,except for Guangdong Province,the crime of assaulting a police officer is basically investigated by the grassroots public security organs where the assault occurred.As the crime of assaulting a police officer,not only violates the personal rights of the people’s police officers performing their duties in accordance with the law,but also violates the law enforcement rights of the public security organs,if the crime continues to be investigated by the grassroots public security organs,it will lead to the police authorities are both the victims of the case and the investigation organs of the case,contrary to the provisions of the evasion system,easily resulting in retaliatory prosecution.In turn,it may seriously damage the legitimate rights and interests of citizens and undermine judicial credibility.For cases of assault on police officers,reference can be made to the jurisdictional provisions on the investigation of crimes of perjury by the defense,and the public security organs at a higher level can designate public security organs other than the public security organ where the assault occurred to open a case for investigation,or the public security organs at a higher level can open a case for investigation,but they cannot designate the investigating organ at a lower level of the investigating organ where the assault occurred to open a case for investigation,and the details of the system also need to be clarified.In addition to the introduction and conclusion,this paper is divided into three chapters.The first chapter introduces the current situation of investigative jurisdiction of assault on police and the problems that exist.The first chapter introduces the current situation and problems of investigative jurisdiction of criminal assault on police by collecting cases of assault and obstruction and assault on police.The problems of the existing investigative jurisdiction system are analyzed to pave the way for the proposed system of off-site investigative jurisdiction below.The second chapter introduces the necessity and feasibility of applying the off-site investigation jurisdiction system to the crime of assault on police.First of all,the necessity of off-site investigation jurisdiction for the crime of assaulting police officers is demonstrated.The off-site investigation can ensure that investigators objectively and impartially exercise their investigative powers,protect the legitimate rights and interests of citizens and effectively solve the problem of overall evasion of public security organs,which is necessary to achieve judicial justice and improve judicial credibility;secondly,the feasibility of off-site investigation of assault on police officers.The crime of assault on police has a legal basis,and the successful pilot in Guangdong Province,at the same time,the defense perjury off-site investigation system also provides a good experience for the crime of assault on police off-site investigation jurisdiction.The third chapter mainly discusses the improvement path of the jurisdiction of off-site investigation of police assault.First,improve the legal provisions of the crime of assault on police officers designated jurisdiction.By clarifying the reasons for the designation of jurisdiction,the main body to start,standardize the standard of the unit designated for off-site investigation jurisdiction,to provide clear legal guidance for the application of off-site investigation of assault on police;secondly,additional safeguards for off-site investigation of assault on police.By setting the responsibility consequences of procedural violations,establishing the supervision mechanism of investigation jurisdiction and giving the parties the right to object to jurisdiction,to ensure that the jurisdictional system of off-site investigation of assault on police is put into practice;again,to establish the evidence collection mechanism of off-site investigation of assault on police,to improve the efficiency of off-site investigation and reduce the cost of investigation;finally,to improve the interface mechanism between the system of off-site investigation of assault on police and other systems.