Violent Crime Of Assaulting Police Legislation

The people's police is the armed forces of national public security administrative and criminal justice, and it is responsible for maintaining social order and protecting the safety of the people's life and property. In recent years,the phenomenons of refusing, impeding police to carry out their duties and insulting, libeling even assaulting them are happened constantly.What is more serious is that the times and levels showed a rising trend. The acts of assaulting police severely infringe the national authority and police's legitimate rights, bring down people's sense of security, which are social harmfulness. Although the law of our country has some clauses in the light of assaulting police,the clauses are simple and general, the range of law protection is too narrow, the punishiments are too light,and also there exists legislative defects. All these rights and interests, to protecting police to carry out their duties, to maintaining the will of the state authority or the seriousness and impartiality of law enforcement. How to use the criminal law to curb acts of assaulting police,the experts an scholars have different ideas. The author supports to set the punishment of the crime of assaulting police.The foreign criminal laws have different regulations on protecting police, but the thought of providing police special protection by the criminal law is consensus of the theory of criminal law and judicial practice all over the world.Though the empirical analysis,comparing argumentation and so on,this article analysis assaulting police from the aspects of the situation, the social harmfulness,the defects of the current criminal law in regulation of assaulting police behaviour. At the same time,this article draws lessons from foreign legislation,discuss our current criminal legislation defects, and gives some advices on setting the crime of assaulting police in the criminal law.