Research On Several Issues Of The Crime Of Disrupting Public Service

With the continuous development of social economy, culture, and various"contradictions" began to appear, one of the most special contradiction arises betweenadministrators and managers, that contradiction "official people" between andobstruction of official business case is this,"the official China" escalating conflict,deteriorating product. China’s "Criminal Law" Article277pairs of obstruction ofofficial crime has been stipulated, which will target the crime of obstruction of officialbusiness were enumerated type regulations, and the crime of obstruction of officialbusiness for a more abstract behavior rules, and finally provides the magnitude of thepenalty of sin. However, in practice, for the crime of obstruction of official businessand other issues identified but there is a lot of controversy, which led directly to thecase for obstruction of official results vary between different regions, a variety ofemerging new ways to obstruction of official acts of justice authority has determinednature of the case brought difficulty. How to solve these problems and improve thelegislative disputes, is the main research direction of this article.Several contentious issues this paper to practice obstruction of official crimebehavior, criminal object and official acts identified in existence as a starting point,combining the research and some practical cases of extraterritorial legislation of theanalysis of the contentious issues resolved and proposed legislation to improve recommended that regard. Articles altogether divided into five chapters.The first chapter is an overview section, first constituted the crime of obstructionof official and legislative history are introduced, which reveals the history of thedevelopment and improvement of the offense in the course of China’s legal system.Subsequently, the sections compare the problems in our legislation through the studyof extraterritorial legislation, establishing the foundation for the study of the text.The second chapter studies the crime of obstruction of official behavior, that is,the specific content of "violence, threats". At first, chapter make a brief introductionon various academic views on the meaning, forms and limits of "violence, threats",and then combined with China’s actual situation, analyzed the meaning,manifestations and limits, and resolved the problem of over-limiting behavior. Finally,chapter by combining two practice cases which with controversial studied threatenedto commit suicide and to people besieged the qualitative behavior problems whenobstruction of official business, the analysis concluded that the case threatened tocommit suicide in general should not be recognized as a crime of obstruction ofofficial business, and for the people trapped in the behavior of the results as long assufficient to hinder the implementation of official acts, it should be recognized as acrime of obstruction of official business.The third chapter studies the crime of obstruction of official act for the object. Inpractice, there are a lot of controversial for the objects of the crime, leading to thepresence of the co-investigators in different contracting practices generation,treatment outcome of the case also vary between regions, which directly affect thelegal fairness, impartiality. In this chapter, studied the theory and practice of thedoctrine of the staff of state organs, which is the most important object of the crime, atfirst, the specific identification method to study by summarizing the theory of manytheories, analyze the pros and cons, summed up the practice the staff of state organs asthe crime of obstruction of official crime object specifically identified ways. Secondly,the chapter also research the controversial practice of career staffing, materials, andwhether relatives can become the object of crime, by combining the interpretation ofthe Supreme People’s Procuratorate approved, the former two can become drawn crime obstruction of official business object, and through theoretical analysis, theconclusions of the family and friends can not become the object of crime, solvecontentious issues in practice.The fourth chapter studies the crime of obstruction of official business for theofficial act. First, the chapter researched the legitimacy and timeliness on publicbehavior, proposed the elements what an eligibility official acts should have.Meanwhile, the chapter described the two controversial practice issues, namely thebehavior of the police in the enforcement of the possibility of becoming anon-working hours flaws obstruction of official crime of "official acts" as well as thepossibility of law enforcement responsibilities of the two relief perpetrator problems.Through the legality, timeliness research, draw official acts provided that they meetthe statutory substantive and procedural requirements, may constitute the crime ofobstruction of official business of eligibility official acts, and therefore non-workinghours of police in enforcement actions, if an entity, program elements complete, thesame may constitute eligibility of official acts, while the enforcement of flaws to acertain extent, if sufficient to affect the legality of the official acts of timelinessdetermination, also deserve relief perpetrator’s responsibility.Research-based above the previous chapter, the fifth chapter proposed crime ofobstruction of official legislative on China’s proposal to improve, from the crimeobject, behavior perspectives, in order to provide help for the practice cases...