Research On Judicial Application Of Attacking Police Crime

Since the implementation of the Criminal Law Amendment(11)on March 1,2021,the crime of attacking police has been applied for more than one year.The theoretical community has long been fully demonstrated on the necessity of the establishment of the police,so this article will not be repeatedly described.However,in the practical world,the crime of attacking the police is "ascending to the day",and various difficult problems in judicial applications have emerged endlessly.Judicial practitioners understand the generalization of the elements of the constituent elements of the police.As a result,just one year,the crime of attacking the police has jumped to the second largest crime after the crime of dangerous driving.This article will use the logical reasoning method,case analysis method,comparative analysis method,and law interpretation law to combing and analyzing the problem of controversy during the application of the police.Judicial practice provides valuable reference.This article is divided into four chapters except the conclusion.The first chapter is the introduction.It mainly discusses the background,research purposes,research significance,and research status of judicial applicable research at home and abroad.The second chapter is the understanding of the element of the crime of attacking the police.It mainly includes the understanding of the basic components of the crime of attacking the police and the statutory punishment that is promoted.Specifically include the problem of "violent attacks","execution of duties","people’s police",and understanding of "using guns,control knives,or driving motor vehicle impacts","seriously endangering their personal safety" Essence.This chapter focuses on the difference between the "Criminal Law Amendment(11)" and the difference between the requirements of each constituent element and the clause of the original violence.The third chapter is the threshold for the crime of attacking the police.It mainly includes two parts,the first part is the definition of crime and general illegal acts,and the second part is the issue of bidding and co-crime of obstructing public service,intentional injury,and intentional homicide.Among them,in the section of the relationship between this crime and the crime of obstructing official duties,it focuses on the development and changes of the relationship between the crime after the crime of attacking the police.The fourth chapter is the applicable issue of the understanding of the police.This chapter focuses on the rights of whether the attacked police have the identity of the victim and the right to be attacked by the police.Among them,in the section of the right to be attacked by the police,the police lawsuit of whether the attacked police could file a criminal attached civil lawsuit,and whether the attacked police issued the understanding of whether the understanding of forgiveness could be demonstrated as the basis for the light torture.