The Criminal Law Regulation Of The Behavior Of Attacting Police

Attacting the police is a kind of crime phenomenon that has received much attention from the society.In the Ninth Amendment to the Criminal Law adds a new paragraph 5 to the original Article 277: "Violent attacks on the people’s police who are performing their duties according to law shall be punished severely in accordance with the provisions of the first paragraph." In 2020,the Superme People’s Court,the Superme People’s Procuratorial and Minstry of public security issued the "Guiding Opinions on Punishing the illegal and criminal acts of attacking police in Accordance with the Law",which is expected to vigorously crack down on attacking police and safeguard the legal dignity and law enforcement authority.This article is mainly composed of five parts.The first part is the introduction,which introduces the background,purpose,significance,and the research results of scholars at home and abroad.The second part is based on 180 criminal judgments made by district and county courts of Harbin in 2018 and 2019 as an empirical basis,and shows the current characteristics of attacking police.The reason for attacking police lies in the factors of public security organs,actors and the social environment.The consequences are damage to the dignity of the law and the authority of law enforcement,destruction of the public order of the society,and endangering the physical and mental health of the police.The third part discusses the status quo of criminal law regulations of attacking police.Combining the views and cases of other scholars,analyze the legislative and judicial issues,specifically the five points of the crime and punishment norms,the determination of the crime,the protection of the auxiliary police,the opinions of the judicial appraisal and the judicial review of police guns.The fourth part is the foreign law regulations on the behavior of attacking police,and summarizes the foreign legislative enlightenment.The fifth part expounds the controversial points of adding the charge of "crime of attacking police" in China,and mentions the reasons why the crime should not be establishedalone at the emergence stage.In the aspect of crime and punishment norms and judicial determination,the author puts forward some thoughts,specifically the understanding of the regulations,the application of charges,the sentencing incriminate standards,and the analysis of the clear standards of incrimination,ensuring the neutrality of judicial expertise and judicial review of the use of guns by the police.