Advocacy of the"Theory of Combating Illegal Crime"Regarding Assaulting Police Crimes
Currently,there are many theories of judicial limitation of the crime of assaulting police,which mainly include the"obstruction theory","violence theory",and"assault theory."Accordingly,their counterparts'legal interest theories respectively are the"enforcement power theory","police physical right theory",and"police duty theory".Conversely,the author of this paper brings out and advocates the"striking illegal and criminal theory"and the"police violence monopoly theory",which not only can avoid the over-enforcement problems of assaulting police crime,but also reaffirm the justification of assaulting police crime.Therefore,a conclusion can be drawn:only the grass-roots police officers in the front line can be particularly protected by criminal law using the crime of assaulting police;others who are not striking illegal and criminal cannot be specially protected by criminal law.
crime of assaulting policeviolent crimelegal interests protectioncrime of obstruction of official duty
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