Analysis and Reconstruction of the Adjudication Standards for Violent Assaults on Auxiliary Police Officers
The examination of judicial documents before and after the enactment of the"Eleventh Amend-ment to the Criminal Law"reveals numerous challenges and inconsistencies in the judicial handling of violent attacks on auxiliary police officers.These issues include difficulties in distinguishing the elements constituting the crime of obstructing official duties from the crime of assaulting a police officer,inaccuracies in identifying the subjects of the actions,and confusion between the harm to victims and the harm to legal interests.The"duty-based"interpretation approach does not facilitate the formation of a unified judicial determination and contradicts most current judgments.Under existing legislation,a"status-based"standard should be used to establish unified adjudication rules,negatively evaluating physical contact behaviors,clarifying the handling of recognition errors involving a single subject,and recognizing generalized intent involving multiple subjects.
crime of assaulting police officersauxiliary policeduty-based approachstatus-based ap-proachjudicial application
NETL
NSTL
万方数据
