| With the promulgation of the Eleventh Amendment to the criminal law,the crime of assaulting the police has been officially established,and the behavior of assaulting the police has changed from aggravating circumstances in the crime of hindering public service to establishing a separate crime,which reflects China’s zero tolerance for assaulting the police and its determination to protect the police’s law enforcement power.The crime of attacking the police is a new crime,but the act of attacking the police is not a new phenomenon.The debate on whether the crime of attacking the police should be established has never stopped.Because China has officially established the crime of attacking the police,this paper does not discuss whether the crime of attacking the police should be established.China has officially established the crime of assaulting the police,and there have been relevant cases applicable to the crime of assaulting the police.The emergence of the crime of assaulting the police has provided theoretical and legal support for China’s handling of the crime of assaulting the police,and achieved good results.In order to consolidate the existing achievements and obtain better results,it is necessary to continue to study and analyze the application of the crime of assaulting the police in China,not just the crime itself,but in combination with judicial practice Social environment and other realistic factors.As a newly established crime,there will still be some problems.In order to pass the running in period as soon as possible,we need to study and explore the legal system of the crime of attacking police.This paper is divided into six aspects.The first part is the identification of "violence",which is to understand the concept and nature of violence,define violence through the theory of violence identification,and understand what violence is and the role of violence by explaining the connotation of violence.Next,describe the "upper limit" and "lower limit" of violence in detail.Clarify the degree of violence and the extension of the degree of violence in the crime of assaulting the police.The second half of this chapter classifies violence from different angles to further understand the different forms of violence.Finally,it analyzes the nature and characteristics of violence in the crime of attacking police,and how to define the violence in the crime of attacking police.The second part is the identification of the identity of the people’s police.Firstly,it discusses the nature of the people’s police in our country.Due to the particularity of the police profession,the nature of the people’s police in our country must conform to the national conditions of our country.Continue to discuss China’s theory on the identification of the identity of the people’s police,and analyze the views and disputes in the academic circles.The second half of this chapter discusses whether two special personnel-Auxiliary Police and student police have the identity of people’s police in the process of law enforcement.Finally,it is more appropriate to divide and discuss in detail how to define the identity of the people’s police in the crime of attacking the police.The third part is the identification of performing duties according to law and seriously endangering personal safety.This chapter is directly related to the application of the crime of attacking the police.Firstly,it discusses the legitimacy of performing duties according to law,which is related to the basis of the crime of attacking the police.It analyzes how to identify performing duties according to law and how to identify performing duties.These are the two key conditions for the establishment of the crime of assaulting the police.Next,analyze and study the defective law enforcement and excessive law enforcement,and analyze the differences between them.Finally,it analyzes the identification of serious threat to personal safety,which is related to the consequences and impact of attacking the police.This is related to the sentencing of the crime of assaulting the police.The fourth part is the relationship between the crime of assaulting the police and the crime of obstructing public service,the crime of intentional injury and the crime of intentional homicide.As a newly established crime,the constitutive elements of the crime of assaulting the police coincide with other domestic crimes,and analyze and study how to better apply the crime of assaulting the police in the crimes of infringing legal interests and similar nature.The fifth part is the case analysis,which analyzes whether the crime of attacking police can be applied to China’s law enforcement environment and whether the exposed problems can be solved through real cases.The sixth part is to put forward suggestions on improving the application of the crime of attacking police in China.This chapter is mainly divided into four parts: to ensure the system and continuity of the research on the crime of attacking police,to clarify the identification standard of the crime of attacking police,to strictly limit the scope of attack,to standardize police law enforcement behavior,to reflect the role of criminal law in crime prevention,to reflect the original legislative intention of the crime of attacking police and to reflect the adaptability of the crime of attacking police to China’s national conditions.These four aspects discuss the specific measures. |
