Research On The Judicialdetermination Of The Attacking Police Crime

Accurately defining the legal interests of the crime of assault on police is a prerequisite for the accurate application of the crime of assault on police.The legal interests of the crime of assault on police should be the dual legal interests of police enforcement power and personal safety.The violent attack of the crime of assault on the police is manifested as the perpetrator taking sudden violent means to the people’s police who are performing their duties according to law,which makes the law enforcement activities unable to proceed normally or the police have to stop or temporarily stop the law enforcement activities because of the sudden violent attack.The minimum level of violence for the crime of assault on a police officer should be sufficient to prevent the continuation of an official act and to cause minor injury or more to a police officer.From the perspective of protecting the lawful performance of duties,the performance of duties should include not only the ongoing performance of duties,but also the preparation process before the start of the performance of duties,and even the final stage closely related to the performance of duties.Whether the people’s police have the subject identity required by the law enforcement power is an important basis for judging the legitimacy of its power source.From the perspective of the scope of power operation,the people’s police must perform their functions and powers within the scope prescribed by law and must not exercise them beyond their power.According to the power operation procedure,the people’s police should perform their duties in accordance with the legal procedure,and the law enforcement behavior lacking due procedure should not be included in the scope of the crime of assault on the police.In judicial practice,minor procedural defects generally do not affect the establishment of the crime of assault on police,but the people’s police do not perform their duties according to law,if the on-site disposal method exceeds the necessary limit,or even violent law enforcement,it will affect the establishment of the crime of assault on police.Judge whether the actions of the auxiliary police officers are authorized by law and perform their duties according to due process,and determine whether they have the job identity,so as to more reasonably identify the cases when the auxiliary police officers are violently attacked.