The Practical Effect and Normative Application of the Independence of the Assaulting Police Crime:An Empirical Analysis Based on 1,701 Judgment Documents
The Practical Effect and Normative Application of the Independence of the Assaulting Police Crime:An Empirical Analysis Based on 1,701 Judgment Documents
Through the analysis of 1,701 judgment documents related to assaulting police behavior,it is found that,after the crime of assaulting police became an independent crime,the number of cases has been effectively controlled and the punishment of aggravated crime has been improved,partially achieving the goal of cracking down on assaulting police behavior.However,there is a lack of unified identification standards for the constitutive elements of the crime,and there is a discord between the sentencing of the basic crime and the legislative purpose.The above phenomena can be accounted for from the two dimensions of legislation and judicature,namely,the unclear application of laws and regulations,the unclear connotation of the concepts of"violence"and"police",and the large differences in judicial discretion.In order to achieve the education and prevention effect of the legislation of the assaulting police crime,we should uphold the standards of"double legal interests"and"core legal interests",putting the authoritative legal interests of the state above the personal legal interests of the police;identify the subject of the"law enforcement power"and reasonably limit the conditions for the conviction of assaulting auxiliary police;refine the levels of"violence"of the crime of assaulting police,avoid the dependence of criminal law language,retain reasonable space for the decriminalization of assaulting police,and strengthen the pre-protection of the people's police through social means such as popularizing the law and optimizing the police handling mechanism.
关键词
袭警罪/独立罪名/实践效果/暴力袭击/人民警察
Key words
crime of assaulting police/independent crime/practice effect/violent attacks/police
万方数据