Research On The Difficult Problems Of Judicial Determination Of The Crime Of Assaulting Police Officers

Violent assault on police officers has always been regulated by the crime of obstructing official duties,and it was not until the promulgation of the Criminal Law Amendment(11)that it became an independent crime of assault on police officers.The establishment of the crime of assaulting police officers not only responds to the call for strict punishment in society in legislation,but also balances the protection of official duties and human rights protection,reflecting the criminal policy of combining leniency with severity.At this point,the debate on whether to add the crime of assaulting police officers has ceased.Although the crime of assaulting police officers has not been established for a long time,the difficult issues in its judicial application have become apparent.Regarding the difficult issue of judicial determination of the crime of assaulting a police officer,objectively speaking,it should be grasped that the "violence" of the crime of assaulting a police officer is only limited to narrow violence,that is,violence against individuals and direct violence;The judgment of "performing duties in accordance with the law" should not be rigid,and an expanded explanation should be made based on the degree of closeness of the job behavior;The legality requirement of "according to law" requires both the fulfillment of legal procedures and the possession of abstract and specific authority.The judgment of legality requires the judge to rely on the objective and actual judgment at the time of the act;The term ’people’s police’ should include auxiliary police officers,who are considered as one when jointly enforcing the law with civilian police officers;In the aggravating circumstances,the judgment of "seriously endangering personal safety" shall be based on the dangerous state that reaches the level of serious injury or death;The scope of "equal means" is subject to the principle of similar interpretations and is limited by "serious danger to personal safety".Regarding the subjective aspect,on the premise of clarifying that the crime of assaulting a police officer protects dual legal interests,the intentional types of assaulting a police officer include direct intent and indirect intent;The object of ’knowing’ is the people’s police,which should include intentional obstruction of official duties;The handling of cognitive errors should distinguish between factual cognitive errors and legal cognitive errors.For the special criminal form of assaulting police officers,first of all,specific dangerous crimes should be used as the basis for the classification of attempted attacks on police officers;Secondly,the crime of assaulting a police officer and the crime of obstruction are competing laws,and the crime of intentional injury and intentional homicide are imaginary competing relationships.