| The Criminal Law Amendment(XI)turns violent assaults on police officers into independent regulation of the crime of assaulting police officers.However,there are still differences and confusions between the theoretical and practical circles on some of these issues,and there is an urgent need to interpret their constituent elements and judicial determination promptly in dogmatics to break through the ambiguity and inconsistency of relevant semantics.As for the establishment of the crime of assaulting a police officer,in terms of object,the object of the crime of assaulting a police officer is complex,and the content includes the smooth execution of police affairs and the health rights and interests of the people’s police,and the latter is subordinate to the former.In an objective aspect,"violence" should be appropriately expanded and interpreted as direct violence and indirect violence,including situations where physical violence is caused by striking objects.The violent nature of the crime of assaulting a police officer requires active implementation,but does not require the intensity of violence to be sufficient to suppress the opponent’s resistance.The violent nature of the crime of assaulting police also determines its rationality to exclude the"soft violence" that is essentially a threat,intimidation,and is only a judicial fiction concept.In terms of the object of conduct,the determination of the scope of the people’s police should focus on their duties rather than their status.Therefore,when the law enforcement powers of auxiliary police officers meet the substantial premise of the legitimacy of their duties,they should be included in the scope of the object of this crime.The standard for determining the legitimacy of a job is whether it abides by the specific,abstract,temporal and spatial authority of the job,but flawed law enforcement is not necessarily invalid.In terms of criminal subjectivity,when the perpetrator has a wrong understanding of the legality of the police’s performance of duties,it is necessary to distinguish and apply the wrong theory of illegality and the theory of factual knowledge.Regarding the evaluation mechanism of criminal liability for drunkenness in the crime of assaulting a police officer,attention should be paid to the accidental nature of violence in drunken situations.With reference to the mayevski rules,criminal responsibility for negligent and accidental drunkenness can be reduced,mitigated or exempted according to law.In the judicial determination of the crime of assaulting a police officer,it mainly involves the boundaries and special forms of the crime.When determining the boundaries of crimes,based on the homogeneity of criminal objects and the inclusiveness of constituent elements,it is necessary to confirm the legal and cooperative relationship between the crime of assaulting a police officer and the crime of obstructing public affairs.In addition,through the classification of the damage consequences,this crime also has an imaginary co-opetition relationship with personal crimes and the transformation of the crime.For the co-occurrence or independent relationship between charges on occasions where results and means are diverse,it is necessary to scientifically apply the relevant judgment rules to draw a final judicial conclusion.In the judicial determination of special forms,the common crime part of the crime of assaulting a police officer is introduced to solve the essential problem of "common" from the perspective of the crime of assaulting a policeman by introducing part of the theory of the composition of the crime.Research on the special forms of accomplices such as simultaneous offenses and additional intentional offenses.When determining the unfinished form of the crime of assaulting a police officer,the nature of the specific dangerous crime of the crime of assaulting a police officer is deduced through the underlying logic of the crime of obstructing public affairs.Even if the establishment space of a specific dangerous crime is relatively narrow,as long as it conforms to the timeliness,automatism,effectiveness,and thoroughness,it should still be confirmed that there is room for the crime to be suspended for this crime.To delineate the punishment boundary of criminal preparatory behavior for assaulting a police officer,it is necessary to distinguish between substantive preparatory offenses and formal preparatory offenses and analyze them at different levels. |
