| In March 2021,China’s Criminal Law officially introduced the "Eleventh Amendment to the Criminal Law",which added the crime of assaulting police and replaced the violent assault clause in the crime of obstructing official duties with it.The introduction of the crime of assaulting police has changed the regulatory model of violent assaulting police in China,from the previous legislative model of the Criminal Law Amendment(9),which said "did not establish a separate crime,but defined violent assaulting police as a special type of crime of obstructing official duties and imposing heavier penalties",to a new legislative model of "adding new charges separately and providing for aggravating circumstances".The promulgation of the Criminal Law Amendment(11)has only been two years,and the meaning of numerous constituent elements and factors of the crime of assaulting police has not been explicitly defined.This article focuses on applying the doctrine of criminal law to explain the crime of assaulting police,which is mainly divided into five parts:The first part introduces the evolution of legislation on crimes such as violent assault on police officers in China’s criminal law,and analyzes the legislative intent of the crime of assaulting police in China.On the basis of examining the relevant legislation on crimes of violent assault on police officers outside the region,this paper compares it with the legislation on crimes of violent assault on police in China,and summarizes the characteristics of the relevant legislative provisions on crimes of violent assault on police in China.The second part is to analyze the legal benefits of the crime of assaulting police.On the basis of summarizing the viewpoints of numerous criminal law scholars,this chapter draws four conclusions-the legal benefits of assaulting police can be plural,the legal benefits of assaulting police do not include the normal management order of society(or the country),the legal benefits of assaulting police include the official activities of the police officer,and the legal benefits of assaulting police include the personal safety of the police officer.The third part is an explanation of the target of the crime of assaulting police-the "People’s Police".People’s police are not only police officers,but also should possess "people’s character".The People’s Armed Police does not belong to the People’s Police in this crime,but auxiliary police and student police can be considered as the "People’s Police" in this crime when assisting organized police officers in carrying out their duties in accordance with the law.The fourth part is an explanation of "performing duties in accordance with the law".The legal sources for performing duties in accordance with the law include should not only the People’s Police Law,but also other laws such as the Criminal Procedure Law,the Prison Law,and the Public Security Management Punishment Law.Performing their duties in accordance with the law requires that the law enforcement activities of the people’s police not only comply with corresponding and correct laws,but also be legal in both substance and procedure.We should adopt an objective approach and use the knowledge of the referee as the criterion for determining whether law enforcement activities are legal or not.We should adopt the judgment benchmark theory,using the time when the judge makes a judgment on the case as the time point to judge whether the police’s official behavior is legal."Position" is a concept with regional characteristics,but "regional" is not unconditional.The act of ’duty’should not only fall within the abstract powers of the police,but also within the specific powers of the police.The content of "position" is not limited to legal provisions.The time range of "being" should not be limited to the working hours of the people’s police because outside of working hours,the people’s police may also perform their duties.The time range of "being" should not be too limited,not only because the law enforcement activities of the people’s police do not occur at a single point in time,but also because some of the law enforcement activities of the people’s police are continuous and cannot be simply segmented to consider the beginning and end of the activities.The fifth part is an explanation of "violent attacks".The violence in the crime of assaulting police should be referred to the broadest form of violence in criminal law.The violence in the crime of assaulting a police officer does not include forms such as "threat" and "soft violence".The "attack" in the crime of attacking a police officer further limits the behavior mode of "violence" in this crime.Violent attacks are the actions of violence that consist of suddenness,which means these actions are sudden,instantaneous,and unexpected. |
