Sentencing Analysis And Normative Mechanism Construction For The Crime Of Assaulting A Police Officer

The sentencing of the crime of attacking the police with violence presents the status quo of uneven overall sentencing and unbalanced sentencing of individual cases.The sentencing norms in judicial practice are also more general.The crime of attacking the police is added in the Amendment(XI)to deal with the frequent acts of attacking the police with violence.At present in our country criminal law educational world,violent behavior sentencing problem of assaulting a police officer does not cause the extensive concern of scholars,and intentional injury,corruption and bribery,crime of dangerous driving crime sentencing,compared to the obstructing public business,and even less the crime of assaulting a police officer monographs and papers,related books and paper is more focused on "violence" in the crime of assaulting a police officer in question should be how to maintain,The scope of the crime of attacking the police as the object,the legitimacy requirements of "duty" in "performing duties according to law" and so on,there are few relevant studies on the application of the circumstances of the sentencing of violent acts.With the coming of risk society,the study on the sentencing of violent attack on police is not only related to police's personal safety,social stability,but also related to judicial justice.The crime of attacking the police evolved from the violent clause of the crime of obstructing the official business.As the crime of attacking the police was added independently,a series of new problems arose,such as the problem of the legal system of the crime of attacking the police:the relationship between the crime of attacking the police and the crime of obstructing the official business,and how to use the new law and the old law?And how is the crime of assaulting a police officer?what are the sentencing criteria and so on.All in all,no matter what question generated,the further researching is needed.Firstly,this paper uses SATAT software to make an empirical analysis on 176 criminal judgments of violent attack on police.Using statistical methods,this paper carefully studies the relationship between sentences including prison term and suspended sentence in crimes of violent assault on police.Different circumstances have different effects on the penalty discretion of the crime of violent assault on the police.The degree of crime is the most important factor affecting the sentencing of the crime of violent assault on the police.In addition,the sentence term is also affected by the consequences of the crime,confession,recidivism and other circumstances.Probation is affected by the degree of crime,guilty punishment,compensation,understanding,limitation of criminal responsibility and other factors.Secondly,the rationality of the new crime of attacking the police in the Amendment(XI)of China is evaluated by drawing lessons from the sentencing norms of foreign acts of violent attacking the police.Finally,according to the research conclusion,it puts forward the construction path of the standardization mechanism of sentencing for the crime of assaulting police,which is expected to be of benefit to judicial practice.