Research On The Crime Of Impairing Public Duty

At present,China is in an important period of economic and social transition.During this period,the social contradictions and the reality of the continuous conflict,social management has become increasingly difficult,social problems emerge in an endless stream,because of this caused by acts of obstruction of public affairs is also increasing.With the increasing number of related incidents of obstructing public affairs,the use of violence and other forms of violence against the government has become more and more intense in such cases.Such incidents not only reduce the credibility of the government among the masses,but also restrict the efficiency of the administrative organs to some extent.Events such as these can cause serious losses to the country and the government.Whether to use threats and violence method for the standard,can be the crime of disrupting public service is divided into the following two types:one is the method of using violence,threats,prevent functionaries of a state organ affecting the implementation of responsibilities within the official or belong to fulfill the job responsibilities;and the other is the "criminal law" 277 stipulation of the fourth paragraph of article the consistent behavior,there is no use of violence or threat,but intentionally disrupt,state organs related staff to perform official duties,and eventually lead to serious consequences.Although the punishment in cases of obstructing the repair nine current situation,formulated relevant laws and penalties,but China's "criminal law" mentioned in the above violence and the limit of not clearly defined,there is a distinction between the relevant state organs staff defined in dispute.Against such a background,it is particularly important to study the crime of impairing public duty.This article is divided into five parts according to its content,that is,fivechapters.The main contents of each chapter are as follows:The first chapter is an overview of the crime of impairing public duty.The chapter first expounds the concept of the crime of impairing public duty,and points out the essence of the crime.Then pointed out the qualitative development for this crime in this crime legislation situation in our country and in foreign countries and relevant laws followed,and highlight the characteristics of the present stage of our country the crime of disrupting public service were analyzed and evaluation.The second chapter is "the crime of obstruction of official behavior",this chapter not only determine the related concept of "violence and threats of violence or threats to obstruct state personnel to perform official duties" in,and the upper and lower limit of the reasonable delineation of distinction.It also analyzes the characteristics of related crimes without using violence and threat methods.The third chapter is "the behavior of objects of obstruction of official crime,this chapter referring to relevant laws,determine the definition of state organs,and ultimately determine the connotation of the staff of state organs in the criminal law on the crime of disrupting public service described in the.The fourth chapter is "the inquiry" official acts,the chapters referring to describe other provisions of the relevant laws,the official behavior in the crime of disrupting public service,and it made a deep analysis on the legitimacy of public behaviors and timely.The fifth chapter is "the criminal violence assaulting a police officer repair nine related problems",this chapter mainly analyzes the provisions of the relevant legal punishment punishment in nine cases of obstructing repair the current situation.This chapter is divided into three parts.Firstly,the people's police mentioned new terms in the scope of the boundary between the degree of violence involved;secondly for additional terms and to fulfill their duties in accordance with the two pieces of content are discussed;finally analyzes the subjective aspect of new provisions for the crime of obstruction of official business with the debate.