| The people’s police because of its job responsibilities and nature determines the complexity of the law enforcement environment,law enforcement interference,personal rights are vulnerable to infringement,not timely intervention,will affect the standard of law enforcement,not conducive to the people’s police better perform the sacred duty entrusted by the law and the protection of police rights and interests.In the face of the frequent attacks on police in recent years,the Eleventh Amendment to the Criminal Law added a new crime of assaulting police,reflecting the legislative purpose of protecting the law enforcement authority and legal dignity of the people’s police.However,there are some problems in the judicial application of the crime of assaulting police,which troubles the judicial application.Therefore,from the perspective of K City,through investigation and sample analysis of 40 cases,this paper studies the existing problems in the application of the crime of assaulting police and puts forward countermeasures and suggestions,so as to promote the perfection of judicial application.The paper is divided into five parts.The first part,introduction.Emphasis is placed on the reasons,significance,status,ideas,methods and innovations of the topic.In the second part,statistics are made on the occurrence and characteristics of related cases before and after the addition of the crime of assaulting police in K City,and the changes in the number of cases of assaulting police before and after the addition of the crime of assaulting police and the understanding of constitutive elements in practice are analyzed.The third part analyzes the problems existing in judicial application by combining the elements of the crime of assaulting police and judicial practice.This paper mainly analyzes the problems in the judicial practice of assaulting police from the aspects of "violent attack","performing duty" and "according to law",targets of assaulting police,crime and non-crime.The fourth part analyzes the legislative experience and enlightenment of the crime of assaulting police outside China,providing reference for the criminal law regulation and improvement of the crime of assaulting police in China.The fifth part,referring to the positive experience of foreign countries,combined with the actual situation of China,from the reasonable identification of "violent attack",clear identification standards of "is","according to law",improve the auxiliary police related legislation in the crime of assaulting the police,standardize law enforcement behavior,clear identification standards of crime and non-crime and other aspects put forward suggestions. |
