Research On The Judicial Identification Of The Crime Of Assaulting A Police Officer

With the promulgation and effective implementation of the "Criminal Law Amendment（11）",the crime of assaulting a police officer was finally formally established with strong voices and became a highlight of my country’s criminal law.However,since the implementation of the crime of assaulting a police officer,the number of cases of assaulting a police officer has risen sharply.Through the sorting and analysis of the verdicts on the crime of assaulting a police officer published by the China Judgment Document Network within the first six months of the implementation of the crime of assaulting a police officer,combined with the academic research and discussion on the crime of assaulting a police officer,found that there are inconsistencies and irregularities in the understanding and application of criminal theory and judicial practice in the criminalization and sentencing norms of assaulting a police officer.This article discusses the key issues in theory and practice.When understanding and applying the crime of assaulting a police officer,it is necessary to pay attention to three aspects: the standard of incrimination,the norms of sentencing and the concept of criminal sanctions.The argument of the incrimination standard is mainly to define the meaning of "violence" in the crime of assaulting a police officer.The scope of violence in the crime of assaulting a police officer should be limited to the narrow sense of violence,that is,the illegal exercise of tangible force against the body of the people’s police officers who are performing their duties,including only direct violence,not indirect violence,which is different from the scope of violence in the crime of obstructing public affairs;The crime of public service is a specific dangerous crime.As a special clause of the crime of obstructing public affairs,the crime of assaulting a police officer cannot reduce the degree of danger caused by the crime of obstructing public affairs.To the extent that it is obviously difficult or impossible to carry out,there is a specific danger that is enough to hinder the people’s police from performing their duties according to law;the violence of the crime of assaulting the police should also have the characteristics of suddenness,and its violent behavior only occurs when ordinary people may further violence against the perpetrator.Unexpectedly,it can only be included in the evaluation scope of the crime of assaulting police.On the issue of guilt,attention should also be paid to the distinction between one sin and another.To grasp the relationship between the crime of assaulting a police officer and the crime of obstructing public affairs,in addition to handling according to the principle of co-existence of laws and regulations,it is necessary to pay more attention to the means and characteristics of their behavior.To grasp the relationship between the crime of assaulting a police officer and the crime of intentional injury,it should be dealt with according to the principle of imaginary co-existence and the degree of personal injury of the police.On the issue of sentencing norms,it is necessary to establish a unified sentencing standardization mechanism as soon as possible,accurately determine the starting point of sentencing,and uniformly apply the criminal facts that adjust the starting point of sentencing,so as to ensure the relative balance of sentencing and maintain judicial credibility.Regarding the concept of criminal sanctions for the crime of assaulting a police officer,it is necessary to realize that the establishment of the crime of assaulting a police officer has the greatest role in declaring the inviolability of the police’s law enforcement authority,and the particularity of the police’s law-enforcement power is guaranteed by the criminal law.The concept of criminal sanction for assaulting a police officer should be positioned as a serious crime and severe punishment,with a high standard of conviction and strict conviction and control,adhere to the principle of humility in criminal law,and pay attention to the social effects of criminal sanctions.