Research On The Questions Of Hindering Public Affairs

The article 277 of Penal Code is Crime of Hindering Public Affairs. In order to supply necessary protection for the normal government's social management activities, Legislators set the Crime of Hindering Public Affairs. But because of the brief sentence of clause, which lead to several difficulties and confusion, and effect the seriousness and unification of the standard to settle these law cases. And in the penal theory horizon, the discussion of Crime of Hindering Public Affairs is short of depth. So, no matter to perfect current Penal Code nor to deepen the studies of Criminal Jurisprudence,to study Crime of Hindering Public Affairs has fundamental meaning. Therefore, this paper states Crime of Hindering Public Affairs from three angle of object and target,subjective aspect and legislative perfection, which for the purpose of proclaiming the nature of Crime of Hindering Public Affairs, affirming Crime of Hindering Public Affairs objectively, resolving judicial difficulties and unifying judicial manipulation.The object of crime is basis to affirm crime. Combined with the position in the specific provisions of criminal law, this paper comes to the conclusion that national interest is protected from this crime, the main object that the crime infringes is normal management activities of nation, not only the normal official action, but the normal activities of Red Cross. From the concept of the object of crime, the personal rights of staff of state organs and personnel of Red Cross is excluded to be the subordination object, while is the random object of Crime of Hindering Public Affairs. Meanwhile, the author defines the target of Crime of Hindering Public Affairs. The target of this crime is include the matters which are closely connecting with the performance of official duties, those persons who have not identity of state organs workers and the staff of Grass-roots autonomous organization when they perform specific official duties, and is exclude the relatives and friends of the executive staff.This article discusses the subjective aspect of Crime of Hindering Public Affairs from three parts:Firstly, about the legitimacy of official duties, the legitimacy of official duties a prerequisite for constituting the crime, not only from the understanding of article of the law, but from the double idea of protection. While, it should be judge the legitimacy of the official duties in angle of "Objective said" from form and content aspects. Secondly, this paper discusses the modes of behavior means of this crime. Through analysis, the author defines the meaning and scope. The violence means could direct at the matters which are closely connecting with the performance of duties but cannot have the characteristic of invisible force. About the action, which actor threatens officials to hindering perform duties in infringing actor's personal rights and interests. Lastly, it should be more suitable to go along with "offender of specific danger" for the extent of sin, which is established in the double function of criminal law of ensuring social management and national legal rights and interests. And, the author does not agree with that the strength of behavior means have superior limit, the action,which results in the consequence is beyond quite light harm, is still commit Crime of Hindering Public Affairs. The author states that the large number cases existing in society which are in a certain condition of guilty and innocent, should be punished by Law of People's Republic of China on Penalties for Administration of Public Security.Through the rule of Crime of Hindering Public Affairs in current criminal law is perfected from 1979's criminal law, it fits to the judicial practice in a certain period and in a certain extent. But the rule still has some shortages and fault, and gradually fall behind the real need to punish the action of hindering public affairs.The author stands that the behavior means of this crime shall involve new means which are different from violence and threaten. It should be further expand the crime target of this crime, not add the things which are closely related to duty perform, but bring the staff which don't belong to the staff of state organs but actual carry out the official affairs into the protect scope. The second paragraph of Crime of Hindering Public Affairs has not indispensable to reserve, because of its simple suggestive role. About the staff, who are engage in national security duties stipulated in fourth paragraph of Crime of Hindering Public Affairs, if the infringers hamper the performance of public affairs with certain behavior means, it should be convict them of Crime of Hindering Public Affairs and punish them according to the first paragraph, if the infringers hamper with serious consequence, it should be give a severer punishment according to the first paragraph.