An Empirical Study On The Judical Application Of Assault On Police

Since the crime of assault on police was formally included into the crime circle in the 11 th Amendment to Criminal Law,the number of cases of assault on police has remained high,which has aroused great attention from the academic circle.However,it mainly focuses on theoretical studies on the constitutive elements of the crime of assault on police,the interpretation of legal articles and other theoretical issues.However,empirical research methods are relatively few and basic statistical analysis methods are mostly used to analyze the crime of assault on police.There is a lack of empirical research based on other analytical methods.In view of this,this paper starts from the judicial practice of assault on police,and on the basis of ensuring comprehensive research samples as far as possible,uses SPSS statistical analysis software to conduct an empirical study on the conviction and sentencing of assault on police,in order to provide new ideas and methods for further optimization of assault on police to a certain extent.This paper has a total of more than 30,000 words,except the first chapter of the introduction,mainly divided into five parts:The first part introduces the basic situation of the judgment of the crime of assaulting police.This paper collects judgment documents about assault on police cases through the China Judicial Documents Network and the jury-law case Database,carries out empirical research from the time distribution,regional distribution and trial procedure distribution of cases,and makes visual analysis of relevant data to analyze and elaborate the basic situation of assault on police cases.The second part,through descriptive statistical analysis,carries on the empirical analysis to the level of conviction of assault police.From the perspective of conviction of the crime of assault on police,the empirical research is carried out,respectively from four aspects of criminal subject,subjective knowledge,criminal object,criminal behavior,collecting relevant typical cases for in-depth case analysis.The third part,using Logistic regression analysis,carries on the empirical analysis to the police assault crime sentencing level.An empirical study was conducted from the perspective of sentencing for assault on police.Variables were designed according to the collected case data,relevant independent variables and dependent variables were set,and binary Logistic regression,multiple Logistic regression and linear regression models were used to obtain empirical analysis results.Based on this,the judgment law of assault on police in sentencing was explored.Analyze the degree of influence of relevant factors on sentencing.The fourth part,based on the above empirical research results,analyzes the problems existing in the judicial application of the crime of assault on police.Through the case of assault on police crime and empirical analysis of the statistical results of the data,further analysis of the crime of assault on police conviction and sentencing problems,mainly reflected in the assault on police crime protection law is still unclear,the scope of the object of crime to be clarified,the understanding of circumstances as a factor of sentencing discretion,the same crime result in a large difference in punishment,the system of leniency of guilty plea is not applicable.The fifth part proposes the feasible path to optimize the application of the crime of assault on police.In view of the problems found in the fourth part,combined with case analysis,this paper proposes that the interests of the protection law in the crime of assault on police should be complex objects,auxiliary police should be included in the scope of the crime of assault on police,the understanding factors of victims should be carefully identified,the rational connection between administrative law enforcement and criminal justice,and the correct application of the leniency system of confession and punishment,so as to promote the more scientific and complete judicial application of the crime of assault on police.Protect the rights and interests of citizens and safeguard the authority of the police.