Study On Criminal Countermeasures For Cases Of Assaulting Policeman

In recent years, with the development of social situation, violent assaults and threats on police occurred frequently which have become a severe problem and arouse broad public concerns. Cases of assaulting police, because of the particularity of the object offended, have more negative and adverse impact on society than other cases in which the common citizens are offended. More importantly, it impairs the sanctity of national laws severely and has severe social harmfulness. This article attempts to analyze the social harmfulness of assaulting police by illustrating some cases, and meanwhile, to demonstrate the malfunction of current criminal legislation by reference to related foreign legislation and proposes to recognize the police defense right and to create the crime of assaulting police in our criminal legislation.The first chapter of this article enumerates some cases of assaulting police in Shanghai and all around the county, analyzes the six categories of assaulting police cases, and discourses three social major social harmfulness of the cases assaulting police: impairing the authority of national laws severely, lowering the feeling of safety of general public, breaking down the police's enthusiasm to enforce laws. This chapter summarizes the characteristics and developing trend of current cases of assaulting police by illustrating and analyzing the cases of assaulting police occurred in Shanghai. In the end, this chapter analyzed the causes of cases of assaulting police and points out an important objective factor"backwardness of legislation weakens cracking down on the cases of assaulting police". The second chapter analyzes the problems existing in criminal legislations and judicial practices. The first one is the need to create the police's right to defend. In current judicial practice, the police's right to defend is categorized into the theory of justifiable defense, which can not reflect the particular status of the police to enforce law and also impose additional requirements on police's exercise of the right of justifiable defense. The second one is, although the provisions in laws on offences of assaulting police is already very clear, but the backwardness of legislation weakens the striking on offences of assaulting police and some behaviors of this kind are imposed lenient punishments in judicial practice.The third chapter of this article is mainly to propose the establishment of police's right to defend, and define the police's right to defend clearly as ex officio activity, which provides legislation supports for police's right to defend. In this chapter, the exercise of police's right to defend is imposed some conditions, including, the justification of objective, passivity of defense, the severity of situation and the appropriateness of defense. Meanwhile, the principle of restriction on police's right to defend is come up with, some restrictions need to be imposed to prevent the abuse of the right to defend by police, including, the principle of stopping the unlawful attack, the principle of restraint, the principle of legality.The fourth chapter is mainly to propose to create the crime of assaulting police. Different experts and scholars and different social classes hold different views in regard to whether or not to create the crime of assaulting police. This chapter discourses the necessity of creating the crime of assaulting police, discuss the various objection viewpoints and elaborates the value orientation of creating the crime of assaulting police: the need to restore the public legal order and uphold the authority of laws, the need to enhance the feelings of safety of general public and protect the public interests, decided by the nature of police right. Meanwhile, by analyzing the characteristics of the crime of assaulting police, this chapter defines the crime of assaulting police as follows: those criminally punishable behaviors to obstruct police to perform his duty by means of violence and threat. This chapter also makes specific suggestions on how to create the relevant articles in law.