A Reflexive Research On The Rules Of Adjudication For The Crime Of Assault On Police Officers

The Amendment to the Criminal Law(11)amended the provisions of the fifth paragraph of the crime of obstruction of official duties to the crime of assaulting police officers,creating a separate crime of assaulting police officers to regulate violent assaults,and adding aggravating circumstances for violent assaults on police officers: special provisions and aggravating penalties for violent assaults on police officers with firearms,controlled knives and driving motor vehicles to ram police officers.From the perspective of criminal policy,the addition of the crime of assaulting police officers strengthens the coordination and systemic nature of the criminal law provisions,which is in line with the value orientation of China’s criminal policy and promotes the realization of the value orientation of the criminal policy of "gently and seriously".However,as a new crime,the crime of assaulting a police officer has been in force for a relatively short period of time,and it is still an important issue to grasp and apply accurately in judicial decisions.In this paper,on the basis of the legislative intent of the crime of assaulting a police officer,we analyze the rules of judicial adjudication on the crime of assaulting a police officer in depth,identify the problems,and then put forward suggestions for optimization by combining existing doctrines and overseas experiences,in order to improve the application of the crime of assaulting a police officer in judicial adjudication to a certain extent.Firstly,the concept of assault on police is defined,the legislative process is sorted out,and the justification and necessity of a separate crime of assault on police are discussed.Then,by analyzing the trial procedures,convictions and sentences,we summarize the characteristics of police assault cases and conclude that the problems of the judicial rules of police assault are: unclear criteria for determining "violent assault",unclear definition of the scope of the crime object,inconsistent determination of competing crimes,and irregular methods of sentencing rulings.With regard to the criteria for determining "violent assault",the terms "violence" and "assault" are interpreted separately,so as to form a relatively comprehensive perspective on the determination of the crime as a whole,and to pave the way for the judicial adjudication of this crime.In order to form a comprehensive view of the crime as a whole,and to pave the way for the criminalization and incrimination of the crime in judicial decisions.From the doctrinal definition of violence,the violence of the crime of assaulting a police officer should be located between "broad violence" and "narrow violence",that is,the object of assaulting a police officer is usually a person,but in special cases it can also be an object;the lower limit of violence is sufficient to obstruct the people’s police officers in the execution of their duties.The lower limit of violence is sufficient to prevent the people’s police from carrying out their duties,and does not require the result of minor injuries and other damage;the upper limit of violence should include serious injuries and death.The "assault" explains that violence should be sudden,active and aggressive,and excludes from the scope of the crime of assaulting a police officer instinctive acts such as resistance and struggle to get away from the police officer in the process of performing his duties according to the law,as well as minor physical conflicts with the police officer(such as ordinary tearing and pushing).The crime of assaulting a police officer is excluded.In the definition of the scope of the object of crime,the police and police equipment whether the crime of assault on police officers is the scope of discussion,based on the understanding of the existing law,combined with the specific circumstances of judicial practice,prudent framing of the object of crime,to avoid improperly expanding the scope of protection of the crime of assault on police officers.Define the identity of the auxiliary police,when focusing on the concept of law enforcement integration,pay attention to the theory of duty,downplaying the theory of identity.In the occasion of mixed law enforcement of the people’s police and auxiliary police,the auxiliary police law enforcement activities are an appendage of the law enforcement activities of the people’s police,the auxiliary police should be identified as an extension of the law enforcement activities of the people’s police,and the legal status of the auxiliary police in the crime of joint law enforcement activities is clear.The determination of police equipment should be discussed in the context of specific law enforcement scenarios,and the indirect attack on the people’s police through the application of direct force on police equipment should be included in the scope of the crime of assault on police.For the determination of competing crimes,through system analysis and case comparison,it is clear that the statutory penalty for this crime is heavier than the crime of obstruction of public service,and in accordance with the principle of retroactivity of criminal law,the crime of obstruction of public service should be applied to the newly occurred assault.The crime and the crime of obstruction of public service are competing laws and regulations,which are special provisions of the crime of obstruction of public service.However,this crime does not cover all assaults on police officers,and should be distinguished by the means and characteristics of the act.If the perpetrator’s violent assault on police officers interferes with the normal law enforcement activities of the people’s police,but does not meet the requirements of the crime of "violent assault",but can meet the requirements of the crime of obstruction of public service "violence,threats the crime of obstruction of public service is still constituted by the requirements of "violence and threatening methods".The crime,the crime of intentional injury,and the crime of intentional homicide are imaginary competing relationships,and the crime is chosen based on the specific sentence,and cannot be omitted from the evaluation,nor can it be repeatedly evaluated.For the sentencing ruling method,the application of the aggravating circumstances of the crime of assaulting a police officer and the supervision of the court in sentencing are regulated in two aspects.On the one hand,according to the law "and other means" this bottom provision,the appropriate extension of the aggravating circumstances in the connotation of the means of behavior.The use of three tools equivalent to "firearms,controlled knives,motor vehicles" to attack the people’s police,while seriously endangering the personal safety of the people’s police should be recognized as aggravating circumstances of the means of conduct.On the other hand,improve the artificial intelligence-aided sentencing system to assist judges in handling cases and strengthen the supervision of judges;the prosecutors’ fine sentencing recommendations to restrain the court’s sentencing power;and the court to enhance the adequacy of sentencing reasoning in the verdict,so as to facilitate the supervision of the court’s sentencing activities by the public and the prosecutors,thus ensuring the fairness of sentencing and promoting the dual realization of the legal and social effects of the new crime of assaulting police officers.