The Research On Difficulties Of Judicial Application Of The Crime Of Assaulting Police

The People’s Police are guardians of law and order in today’s peace age.They make a great contribution with a number of sacrifices to protecting the public safety and maintaining the social stability.We admire it and also feel heartbreaking.We should resolutely crack down on the frequently occurring cases of assaulting police.However,with the crime of assaulting police formally becoming an independent crime,many issues to be discussed in practice due to the lack of supporting judicial interpretation such as the nature of violent that assaults on the policeman,the scope of the objects to which the crime of assaulting police applies,and whether defective law enforcement and excessive law enforcement is lawful.The investigation of such issues is beneficial to the accurate determination of the crime of assaulting police in judicial practice.The crime of assaulting police is a special provision of the crime of interference with public administration.The violence in this crime refers to the narrow sense and and the soft violence is not included.It should be instantaneous as well as unexpected and active.The violence not only needs to be analyzing the form but also the substance.The violence should have the present and imminent danger of hindering the policeman from performing his duties and it requires that the duty of policeman’s performance is objectively hindered.The protection of the crime is the law enforcement power of police rather than the police’s safety.The injury to policeman is a means of undermining the authority of the law.Lawful implementation includes all the acts of policeman performing his duties from the beginning to end and the situation of a continuing or integrated performance of duties should be noticed.The object of the crime of assaulting police is the policeman who is performing his duties according to law including the auxiliary police who assist the policeman in law enforcement under the command and supervision of the police.Once the attack on a policeman who is performing his duties according to law results in slight injury,it could be regarded as the crime of assaulting police in the angel of protection of order of the law enforcement.But when it causes serious injury or death it belongs to imaginative joiner of offenses it should be considered as the crime of intentional injury or intentional homicide.When applying the crime of assaulting police it should obey the doctrine of observing old laws and new ones when with lighter punishment.We should pay attention to the accurate grasp of its constituent elements and apply it prudently and accurately in sentencing,in order to achieve the legislative purpose.