Judicial Determination Of The Crime Of Assassinating Police

In the face of the frequent attacks on the police in recent years,the crime of assaulting the police has become an independent crime,which increasingly highlights the protection of the legal benefits of the normal execution of official duties and the personal legal benefits of the police.With the change of the positive concept of criminal law and the implementation of the criminal justice policy of less arrest and prudent prosecution,the application of the crime of attacking the police has shown a relatively obvious change.The application of the crime of attacking the police from a macro and micro perspectives is analyzed.The scope of violence in the current judicial practice is unclear,and the identity of the object of There is a dispute over the determination of legal acts,and the boundary of the degree of conduct into crime needs to be clarified.In the absence of more evidence and reference,when interpreting the constituent elements of the crime of attacking the police and its norms,it must be recognized that the criminal law not only has the function of protecting the benefits of the law,but also has the function of protecting human rights.Therefore,when applying this crime in a case,we must abide by the principle of criminal law,and use strict semantic interpretation and modest interpretation to fully protect human rights when there is no evidence.Based on the fact that violence is the basic attribute of the crime of assaulting the police,the characteristics of violent crime are taken as the entry point for the application analysis of the crime of assaulting the police,and the scope of the action,the object of the act,the object restriction conditions and the degree of behavior are taken as the investigation path for the judicial application of the crime of assault In order to better promote the judicial application of this crime,from the perspective of the trial practice of assaulting police crime,through the interpretation of practical data,reveal the problems existing in the application of this crime,combined with extraterritorial legislation and doctrines and China’s actual situation,put forward countermeasures and suggestions.First of all,the scope of violence in the crime of assaulting the police is neither"force on things,action on things" nor "action on things,action on people".Due to the consideration of the legal system,practical expectations and other aspects,in fact,the scope of action should adopt the "narrow violence" standard,which only includes the direct violence of "force on people.Secondly,the definition of the crime of attacking the police as the object,in addition to complying with the basic principles of the criminal law,should take into account the practical obstacles and the national’s predictive ability.It is appropriate to take the obvious,close and easily identifiable auxiliary police in the law enforcement community as the object of the crime of attacking the police.Thirdly,"executing duties in accordance with the law" is the scope of duty protected by the crime of assaulting the police,which is composed of time appropriateness and legality.The time legitimacy of the job behavior should be based on continuity and the content relevance and time closeness between the various stages of the job behavior.The official behavior is based on legality and is constructed through the two aspects of substantive legality and formal legality.The substantive legality,that is,the police need to have the abstract authority and specific authority to perform their duties.The dispute over the authority of the auxiliary police in individual cases should be combined with its formal requirements to assist the police in performing their duties.The form is legal,that is,the police need to perform their duties in accordance with the procedures.If you violate the provisions of the mandatory procedures,you will lose the legal basis.If you violate the provisions of the arbitrary procedures,you will not lose the legality.However,you should make a judgment based on the case situation and the degree between the violation of the violation of the official procedure and the attack on the police.Harmful behavior is not easy to be evaluated as this crime.At the same time,we should adhere to the objective judgment position of the legality of the duty behavior and the evaluation point of the referee.Finally,the analysis of the degree of the crime of violence against the police should take into account the compliance of the constituent elements and the integrity of the protection of legal benefits,and measure the degree of harm of the crime of assaulting the police with specific risks.The evaluation of minor attacks on the police should do a good job in the connection of criminal execution,stand in the position of the crime,seriously and carefully judge the compliance of the elements of the crime,and give full play to the rules and regulations of the Public Security Administration and Punishment Law.