A Normative Study On The Judicial Application Of The Crime Of Assaulting A Police Officer

On March 1,the “Criminal Law Amendment(XI)” was officially promulgated and put into effect.The crime of assaulting a police 2021 was formally established under the dual impetus of the continuous increase of the crime of assaulting a police officer and the increasing calls for severe punishment of the crime of assaulting a police officer,and provided it with an independent statutory punishment,so that the Obstruction of justice of assaulting a police officer was adjusted from the model of relying on heavy punishment to the model of independent regulation of the crime of assaulting a police officer.However,although the addition of the crime of assaulting police provides the basis of punishment for attacking the act of assaulting police,in the judicial application of the case of assaulting police,it is still necessary to clarify the constitutive elements of the crime of assaulting police and protect legal interests,etc,we will improve law enforcement and the rule of law.In this paper,the basic situation of judicial application of the crime of assaulting a police officer is 2021 and analyzed by reviewing the 556 judgments on the crime of assaulting a police officer from March to March 2022,this paper discusses the problems in the application of criminal theory and judicial practice in the protection of legal interests,constitutive requirements and sentencing rules of the crime of assaulting police.This article sorts out 556 judgments and points out that there have been some problems in judicial application since the crime of assaulting police officers became an independent crime in the past year.Firstly,there are differences in understanding the criminal norms of assaulting police officers,and there are still controversies over whether the connotation of violence only includes direct violence,indirect violence,and whether simple physical violence is within the connotation.Some sudden violence,simple passive resistance is also mechanically identified as the crime of assaulting police in practice,the crime of assaulting police is simply identified as the lower limit of violence to cause minor injury consequences.In the aspect of the criminal object of the crime of assaulting police,the courts at all levels have different opinions on whether auxiliary police can be the protected object of this crime.Secondly,the different sentencing standards of the crime of assaulting police lead to the incompatibility of crime,responsibility and punishment,which is against the principle of a legally prescribed punishment for a crime.Finally,the protection of legal interests is not clear,the crime of assaulting the police whether the protection of legal interests include the personal rights and interests of the people’s police themselves,the issue of endless debate.The improper application of the crime of assaulting a police officer may result in the excessive expansion of the police power and infringe upon the boundary of citizens’ rights,the extension of the understanding of the violent meaning of the crime of assaulting police and the reduction of the lower limit of the violent degree will lead to the possibility of the abuse of penalty to some extent,which is contrary to the modesty of criminal law.Blindly applying the crime of assaulting police to solve the conflicts between the police and the masses may also aggravate the conflicts between the police and the masses,aggravate the antagonism between the police and the masses,and be detrimental to the establishment of a harmonious society.Therefore,based on the normative guidance of domestic and foreign legislation,the theoretical advocacy of the principle of legal interest protection and the principle of legality of crime and punishment,to promote the standardization of judicial application of the crime of assaulting police,the legal interest protection of the crime of assaulting police should be clearly defined,to understand correctly the norms of the crime of assaulting police,to define clearly the elements of the norms,the relationship between similar crimes,to strengthen the connection between administrative punishment and criminal punishment for assaulting police,and to define the norms of sentencing,to establish uniform sentencing rules as soon as possible,to ensure the relative balance of sentencing,to maintain social fairness and justice,a variety of means to regulate the crime of assaulting police,and promote the standardization of judicial application of the crime of assaulting police.