Undermine The Legal Order Of Supervision For The Crime

In September,2009, the Gansu Province Lanzhou jail serving a prison sentence personnel rather defend have not been submitted a report commuting a sentence, in looks teaches the police officer to talk in the process to have the dispute, and insults and beats teaches the police officer. In teaches under police officer's revolt, the serving a prison sentence personnel rather defend strongly run up to the Production workshop, teaches the police officer when the capture serving a prison sentence personnel rather defend is strong, by the serving a prison sentence personnel is rather defended strongly cuts and injures. After Gansu Province Lanzhou Chengguan District Procuratorate prosecution, the Gansu Province Lanzhou Chengguan District People's court destroys the supervision order crime to condemn the serving a prison sentence personnel rather to defend the strong set term of imprisonment 3 years. This case's recognizing, neglected has rather defended the strong criminal intent and the motive change. Similarly is to supervises personnel's beating, creates supervises the personnel to be injured, the behavior manifestation is the same, encroaches upon the object in the different charge to be different. What destruction supervision order crime infringement is supervises the place the normal management order, what intentionally assault infringement is other people's health power.The author obtains from the theorists three kind of divergent opinion, first carries on the comparison to intentionally the assault and the destruction supervision order crime, then, the utilization implicates the commit, the imagination to compete gathers commit's theory and the legal related stipulation, by the crime constitution's in standard said that is the rationale, after above-mentioned plan thorough analysis thought that should destroy the supervision order crime and intentionally the assault simultaneous punishment for several offenses. Then proposed that solves the question suggestion, is for the purpose to speeding up the related legislation, the judicial advancement to provide the beneficial reference.