Research On The Judicial Determination Of Crime Of Assaulting Police

The people’s police are an important force in the implementation of state laws and play an irreplaceable role in maintaining social order and ensuring the safety of people’s lives and property.The people’s police’s lawful performance of their duties preserves the dignity and authority of the law.However,in recent years,with the continuous advancement of social change,the law enforcement environment of the people’s police has become more complex and diverse,and violence has occurred from time to time,causing serious harm to the physical and mental health of the police,seriously affecting their performance of their duties to ensure social order and stability in accordance with the law,undermining the normal operation of social order,and openly provoking the legal authority of the state.The establishment of the crime of attacking the police reflects the selfimprovement of China’s criminal law system,the comprehensive application of criminal policies,and the actual needs of social governance.Because normative terms have the characteristics of limitation and abstraction,the protection of legal interests has a direct guiding effect on the determination of the constituent elements of the crime of attacking the police,and also determines the substantive interpretation of the constituent elements of the crime.In order to interpret the legal benefits of the protection of the crime of attacking the police in line with the spirit of the legislation and enhance the judicial applicability of the crime,it is necessary to conduct a systematic review of the legal interests of its protection,not only in combination with the chapters and provisions of the crime of attacking the police,but also in combination with the constituent elements described in the specific criminal law provisions to determine the protection legal benefits of individual crimes.This article believes that the legal benefit of the protection of the crime of attacking the police is a compound legal benefit,the main legal benefit is the official act of the people’s police,and the secondary legal benefit is the personal rights of police officers.The elements of the crime of assaulting a police mainly include elements such as "violent attack" "people’s police" "performing duties in accordance with law",etc.,and doing a good job of determining the constituent elements is conducive to accurately determining the crime of attacking the police in judicial practice.China’s criminal law theory generally divides violence into three categories:violence in the broad sense,violence in the narrow sense,and violence in the narrowest sense.Violence in the crime of assaulting a police shall be limited to violence in the narrow sense of the person’s police’s body,not including indirect violence against objects,unless the two are closely combined.People’s police’s conduct in office requires general and specific authority to perform their duties,as well as the preconditions for performing their duties,and their legality judgments should employ objective theories and standards for conduct.When auxiliary police and people’s police enforce the law together and the content of auxiliary police enforcement complies with the provisions of law,a substantive judgment shall be made using the concept of "law enforcement community",and the act of violently attacking auxiliary police is established as a crime of attacking the police.There is a restrictive relationship between the means escalation requirements that aggravate the elements of the crime of assaulting a police and a serious threat to personal safety."Seriously endangering personal safety" refers to causing realistic,urgent,or specific dangers to the people’s police’s person,but does not require the actual harm results of the realization of the danger.The crime of assaulting a police officer and the crime of obstructing public service are the relationship between special laws and general laws.Where a violent attack on a police officer causes a people’s policeman’s minor injury or above,an imaginary conspiratorial conspiracy between the crime of assaulting a police and the crime of intentional injury is established.When competing with crimes of undermining regulatory order,procuratorial supervision should be strengthened,while strengthening judicial application of the crime of assaulting the police,and the people’s police’s law enforcement conduct should be protected.