The Academic Thinking And Legislative Design Of Setting Up The Crime Of Raiding Police

Under the background of the process of social restructuring and the economic transformation, the tendency of violence of the crimes and illegal acts is boiling up. The degree of violent antagonism between the criminal and the police are deeper and deeper. In Recent years, the incidents of assault to the police which imply the lost of state power and authority occur from time to time. The violation to the right and interest of the police enforcement has become a quite prominent social question. In the current criminal law, there are obvious legislation flaw in the regulation which hinders the police to enforce the law. How to strengthen the state power and to set up the authority of the police enforcement fundamentally from the legislation angel? Setting up the"the Crime of Raiding police"in our country have not only its realistic necessity but also the theoretically feasibility and basis. It is imperative that create the"Raids of police crime"alone in our criminal law. However, there are diverse attitudes toward this problem especially about the conception and the legislation model in domestic scholars. This article fully borrows from domestic and foreign legislation experience, analyzes the mastery of the original intention of legislation, in view of police's reality survival condition, gives the"Raids of police crime"a definition, that is : The behavior sufficiently harms the police's personal rights, and rejects and hinders the police to carry on the official business by the method of violence or threat, or with the purpose of retaliation, attacks to the police when the doer knew the police status well or attacks to the police or his family because of the police duty behavior. The form of subjective crime can only be intention, and exclude the negligence,In this article, the author makes a relatively enlarged comprehension on the object, means and condition of the infringement. The household of the police and the police in un-working time are included in the elements of the"Crime of Raiding police", but the means of raiding police is limited on violence and assault, and excluded the activity of un-violence, such as insult, libel, damaging the property, railing and so on. In regard to the limit of the degree of raiding police and the criminal form, the author defines the raiding police crime as an offence with abstract potential damage, and adopts the theory of touching, but it should be combined and with several subjective malice. The author chooses seven years as the maximum statutory penalty, which enlarges the criminal cost of raiding police crime, and combines the punishment of the conduct which hurts someone badly. With the maximum statutory penalty of raiding police crime, we should raise the minimum statutory penalty of the conduct of badly hurt, which results from raiding police crime. And in the light of concurrence principle, if the victim is severely injured or killed, we should choose a severer punishment under the crime of intentional injury or homicide to the criminal. It reflects the idea of severe punishment for the conduct of raiding police. In this article, the author tries to explore some theories and legal concept for raiding police crime, and makes a reasonable legal interpretation to conduct of raiding police and does something for the founding and setting-up for the raiding police crime.