Incrimination Of Attacking Police Act In The Sight Of Criminal Policy

In recent years, the violent attack towards police has taken place in high frequency and in great number , in which many police have injured and even lost their lives. The phenomenon makes us pay attention to the problem of attacking police. Some scholars think it results from the backward of criminal legislation,and should consider of building up attacking police crime in the criminal law code. However, others oppose it, and on the contrary they think it's enough for us to encounter attacking police crime with present criminal law. Nowadays, it has become a hot spot about justification and realization of incrimination of attacking police act. In a word, it is of importance and significance to discuss the incrimination of attacking police act as a special research subject.So far, on attacking-police, some just report the types, traits or cases on it, and some focus on its judicial survey while others do the research in the view of phenomenon, reasons and solutions of attacking-police crime. There is no comprehensive research on the incrimination of attacking police act in the sight of criminal policy. It seems the scholars ignore the crucial analysis of the incrimination of criminal policy factors and lack their deep consideration on its operation, while paying too much attention to social damage and public response of this behavior. Therefore, it's necessary to study attacking-police issues in the sight of criminal policy. But where's the divergence of opinion? Why the divergence exist? How to analyze and evaluate this behavior? What measures should we take? should we build up attacking police crime in the criminal law code? How to modify and improve our criminal law? That's all we should answer. This paper try to study the attacking-police behavior in a new way, regarding criminal policy as its analytical method。The author hopes that it will make some contribution to the study of the attacking-police.Besides the preface ,the thesis of the text include five parts. The first part introduces the discussion and points the divergence of criminalizing attacking-police. Then it involves the three key words of our subject --- attacking police, the criminal policy and incrimination. In the subject, the justification, logicality and solutions of incrimination are crucial focus. However, the punishment to the incriminated attacking police act should be economic and rational, and we should try to use non-penal measures to prevent it .In the view of criminal policy, incriminating some attacking police is the necessary demand of the modern society. I suggest criminalizing attacking to assistant police with interpretation of law instead of legislation.