The Nature of Violently Assaulting an Auxiliary Police Officer in Criminal Law:From the Perspective of Amendment(Ⅺ)to the Criminal Law
The occurrences of violent assaults against police officers are escalating in both frequency and severity.In reaction to this trend,the Criminal Law Amendment(Ⅺ)has added provisions on the crime of violently assaulting a police officer,aiming to combat such offenses.Although auxiliary police officers provide assistance to regular police officers in the law-enforcement activities,there is still controversy over whether they are recognized as members of"people's police"under the Criminal Law.Consequently,in judicial practice,there are disputes concerning whether violent assaults against a duty-performing auxiliary police officer should be determined as the crime of obstructing official duties or the crime of assaulting a police officer.The view that such acts should be determined as the crime of obstructing official duties fails to accurately reflect the essence of such violent offenses and may lead to unduly lenient sentencing,which is at odds with the principle of accuracy in criminal law.Instead,the view for determining such an assault as the crime of assaulting a police officer is more compelling.Despite the fact that auxiliary police officers are not officially designated as"people's police",they play a crucial role in supporting formal police officers in policing work.Hence,discussing issues relevant to the protection of such group during their law-enforcement support activities is congruent with the intent of including the crime of assaulting a police officer in the Criminal Law Amendment(Ⅺ),aimed at enhancing the protection for law-enforcement authority.When prosecuting such offenses as the crime of violently assaulting a police officer,the definition of violent behavior should be confined to what is termed"hard violence"and the level of harm caused by the violent assault should not surpass that of minor injuries.
violent assaultan auxiliary police officercrime of obstructing official dutiescrime of assaulting a police officerAmendment(Ⅺ)to the Criminal Law
NETL
NSTL
万方数据
