Research On The Crime Of Assaulting Police

The Amendment XI to the Criminal Law separates the act of assaulting police officers from the crime of obstructing official duties and establishes it as an independent offense.This is conducive to maintaining the law enforcement authority of the police and safeguarding the personal rights of police officers.Although Amendment XI further refines and develops the offense of assaulting police officers based on Amendment IX,there are still many theoretical controversies in understanding some of the elements of this offense,and many practical difficulties in its specific application.Therefore,the focus of this article is how to accurately understand and apply the offense of assaulting police officers,in order to truly achieve the regulatory purpose of criminal law on such behavior.Based on the legislative evolution and controversies arising from the offense of assaulting police officers,this article uses the hierarchical crime theory as a guide,and employs the principles of criminal law to interpret this offense,with the aim of clarifying its protected legal interests and constitutive elements.On the basis of clarifying the legal interests and constitutive elements of the offense of assaulting police officers,this article further explores related issues such as the reasons for excluding certain conduct from this offense,and distinguishes between criminal and non-criminal conduct,in order to provide useful guidance for accurately applying the provisions on the offense of assaulting police officers.This paper is divided into the following five parts.The introduction part mainly introduces the process of the crime of assaulting police from scratch.This part first combines the realistic background of the number of casualties of the people’s police in recent years,and briefly discusses the necessity of the crime of assaulting police alone.Secondly,this part sorts out the controversial issues after the violent assault on police is criminalized and independently convicted,and tries to clarify the key issues for subsequent discussion in this paper.The first chapter combs the legislative evolution of the crime of assaulting police.This paper divides the legislative evolution of the crime of assaulting police into three different stages,and sorts out the provisions on violent assaulting police in criminal law,administrative law,judicial interpretation and other laws and regulations at different stages,aiming to clarify the legal system of regulating violent assaulting police in different periods and the understanding and application of relevant laws and regulations by judicial workers.The second chapter focuses on the legal interests of the crime of assaulting police.Through research,this paper believes that the crime of assaulting police evolved from the crime of obstructing public service.Whether it is from the systematic status of the crime of assaulting police in the specific provisions,or according to the interpretation of criminal law,’performing duties according to law’ is still the main legal interest protected by the crime of assaulting police.In addition,because the legal interests need to be distinguished according to the specific object of behavior,and the ’violent attack’ has a strong personal attack color,this paper believes that the purpose of the legislation of the crime of assaulting police is also to protect the personal rights and interests of the people’s police,so the legal interests protected by the crime of assaulting police also include the personal legal interests of the people’s police.From the perspective of criminal law interpretation and the chapter status of the crime of assaulting police in the specific provisions,although the crime of assaulting police protects compound legal interests,it focuses more on the protection of the legal duty behavior of the people’s police,while the personal legal interests of the people’s police are secondary legal interests.The central issue of the third chapter is the constitutive elements of the crime of assaulting police.This part uses the theory of class crime to demonstrate the controversial issues in the constitutive elements of assaulting police from the perspective of criminal law dogmatics.Through research,this paper argues that: First,the violence in this crime refers to violence in a broad sense,including indirect violence,that is,direct violence against the people’s police or indirect violence on the people’s police.The lower limit of violence should be based on specific dangerous criminals,and the upper limit of violence should also include the results of serious injury and death of police.At the same time,in order to distinguish between administrative violations and criminal violations,minor injuries to police can be used as a criterion for conviction.Secondly,it clarifies the criteria for the determination of’performing duties according to law’.The judgment of performing duties according to law should take into account both substantive standards and formal standards.The time range of ’performing duties according to law’ includes not only the time of performing duties,but also the time of preparation and standby for performing duties;when judging whether the duty behavior is legal,we should adopt the objective behavior theory to judge.Thirdly,from the perspective of police law,the concept of the people’s police is clarified,and the criteria for judging the people’s police to perform their duties according to law should be based on the theory of ’concurrent position’.Fourthly,the subjective elements of the crime of assaulting police include not only direct intent,but also indirect intent.When committing violent assaults on police,the perpetrator must realize that the object of the assault is the people’s police who are performing their duties according to law.The fourth chapter mainly studies some special situations in the application of the crime of assaulting police.The focus of this part is to clarify the circumstances in which legitimate defense can be used to exculpate crimes,and how to deal with the perpetrator’s misunderstanding of the legitimacy of the position.First of all,for the impersonated people’s police,because the act itself is illegal and does not have the element of the identity of the people’s police,the perpetrators of violent attacks on the impersonated people’s police should not be punished as assaulting the police;secondly,for the implicit law enforcement behavior of the actor’s imaginary defense,specific issues should be specifically analyzed;thirdly,the non-compliant execution of duties can be divided into two categories: defective duty behavior and excessive law enforcement behavior.The defective duty behavior discussed in this paper belongs to the narrow sense.After the follow-up procedure,the duty behavior can be corrected,and the duty counterpart can not implement the justifiable defense behavior.Excessive law enforcement,because it has exceeded the scope of authorization of laws and regulations,is an illegal act,and the counterpart can implement justifiable defense within the limits;finally,the actor’s error in understanding the legitimacy of the position is discussed separately according to the error in understanding the basic facts or the error in evaluating the legitimacy.