On The "Violent Attack" Of The Crime Of Assaulting Police Officers

The crime of assaulting a police officer is an important addition to the Criminal Law Amendment(11).By analyzing the legislative evolution of the crime of assaulting police officers in China,it is found that in different historical periods,China has its occurrence.The Criminal Law of 1979 and the Criminal Law of 1997 both placed the crime of assaulting a police officer within officers,but did not provide for assault on police officers.In 2020,the Criminal Law Amendment(11),established the crime of violent assault on police officers as a separate "assault on police officers" and provided for independent statutory penalties.However,the application of the crime of assaulting a police officer has caused many controversies and issues,among which there is a lot of debate on the determination of "violent attack".By analyzing the current situation of the crime of assaulting police officers,it can be found that in the specific application process of the "violent attack" in the crime of assaulting police officers,there are problems such as unclear connotation,unclear degree,inconsistent objects,inaccurate identification of spatiotemporal conditions,and other special aspects of the "violent attack.The basic theories related to the crime of assault on police officers in China,as well as the cases of assault on police officers that have occurred in practice,provide a basis for the better application of the crime of assault on police officers.In terms of the connotation of "violent attack",it intangible violence cannot be included in the scope of "violent attack".In terms of the degree of "violent attack",the lower limit of "violent attack" should be based on abstract dangerous criminals and limited to causing minor injuries to the people’s police;The upper limit of "violent attacks" should include the consequences of causing serious injuries or deaths to the police officers,and be convicted and punished according to the principle of imaginative joint offenders.In terms of the targets of "violent attacks",auxiliary police and school police officers will only become the targets of "violent attacks" when they assist the people’s police in carrying out their official duties in accordance with the law.They cannot become the targets of "violent attacks" when they are separated from the formal police for law enforcement.In terms of the temporal and spatial conditions of "violent attacks",it is necessary to fully consider the urgency,importance,and continuity of the case at the time of occurrence,regardless of working and non working hours,in order to conduct a comprehensive evaluation;The legitimacy of job behavior should adopt a compromise theory,which means that it must meet the requirements of both substantive law and procedural law in order to be recognized as legitimate;It is reasonable to judge the legitimacy of job behavior based on the judge’s standard,and to judge the time point based on the objective situation at the time of the job occurrence.In the handling of special situations of "violent attacks",the use of firearms,controlled knives,or the use of driving motor vehicles for collision should be further restricted by the double restriction of "seriously endangering their personal safety" on the basis of applying similar interpretation rules;The "serious threat to their personal safety" should be judged in substance rather than in form in individual cases;The relationship between the use of firearms,controlled knives,or driving a motor vehicle to impact and the serious threat to their personal safety should be based on the "restriction theory",which first judges whether the violent means meet the standards in form,and then judges whether they meet the standards of serious threat to personal safety in substance.In addition,it is necessary to distinguish between the "violence" of the crime of obstructing official duties,intentional injury,and intentional homicide;as well as to standardize based on the "violence" of the perpetrator in judicial practice,from four aspects: the starting point of sentencing,the benchmark penalty,the sentencing circumstances,and the declaration of punishment.As a new crime,it still in a gradual and in-depth process.I believe that judicial interpretation will be issued in the future to clarify the controversial points of the crime of assaulting a police officer.In addition,the governance of violent attacks on police officers requires not only legal regulation,but also continuous improvement of police management systems,improvement of police law enforcement quality,and cultivation of the rule of law among.