On The Judicial Recognition Of Attack On Police Crime

Attack police crime in contemporary because of its multiple characteristics and become one of the hot topics of academia and practice,China in different historical periods,according to the social harmfulness and follow the characteristics of attack police crime,actively take the corresponding measures,formulated the corresponding legislation and other regulations.On the contrary,the criminal law has always stipulated the act of attacking police.Both the Criminal Law in 1979 and the Criminal Law of 1997 put the crime of attacking police in the protection framework of the crime of obstructing official duties.The 2015 Amendment to the Criminal Law of the People’s Republic of China（IX）provides special provisions on the crime of violent assault on the police,It does not stipulated as a separate charge,The Amendment to the Criminal Law（IX）stipulates that the act of attacking police as a heavier punishment for the crime of obstructing official duties,Fill in the loophole of the criminal law to regulate the crime of attacking the police,To some extent,inhibiting the spread trend of violent police assault crime,At present,the crime of police attack shows a high incidence trend in China,To effectively curb the rising violent attacks on the police force in recent years,In 2020,the Amendment to the Criminal Law of the People’s Republic of China（11）,hereinafter referred to as the Amendment to the Criminal Law（11）,separately sets the crime of violent assault on the police as a "crime of police attack",And provides independent statutory punishment,It reflects the necessity and urgency of the state to protect the legitimate rights and interests of the people’s police,Defending the dignity of justice,The authority of the law was upheld.From the perspective of criminal policy,the crime of attacking police added in the Amendment to Criminal Law（XI）enhances the overall systematization and perfection of the legal provisions,and realizes the unity with the value orientation of the mainstream criminal policy in China.How to accurately identify the judicial identification of the crime of attacking police in China’s judicial practice is different.The author analyzes the current situation of police attack crime,In combination with the legislative evolution,A systematic understanding and study of it,It can be found that,The legal benefit protected by the police attack crime should be the compound legal benefit,The crime places the normal law enforcement power of state organs and the personal rights of the police within the scope of its legal interests,The practice of the crime of attacking the police should be analyzed from two aspects,Including "violence" and "attacks",Violence shall have the tangible force for the injury or death of the people’s police,The attack should be abrupt,The target of violent attacks is usually the People’s police,Violence against people,In some particular circumstances,Where the perpetrator of the police officer commits police equipment or exerts violence to other unrelated third persons has a corresponding impact on the law enforcement activities of the people’s police,If the constituent elements of the police assault crime are met,It should be deemed as the crime of attacking the police.Under normal circumstances,the object of the crime of police attack is officially the people’s police of the state,in the specific attack police case should also include auxiliary police,auxiliary police,etc.The harm of the crime requires dangerous results,because the police crime is based on the nuisance of official crime development,there must be some fit between the two crimes,when the specific attack police case,should be specific analysis,if the police actor behavior does not conform to the many elements of attack police crime,such crime may still conform to the elements of the crime.