An Empirical Study on the Dilemma and Solution of the Identification of Violent Attacks in the Crime of Assaulting Police officers—Based on the Analysis of 1150 Criminal Judgment Documents
Violent attacks are the core elements in determining the crime of assaulting police officers.An empirical study of 1,010 criminal judgments shows that in practice,there are differences in the identification of this behavior among the prosecution,defense and judges,and the key to the differences lies in the difference in the identification of legal interests.In order to better achieve the effective identification of violent attacks,it is necessary to conduct a purposeful review based on the dilemma of identifying violent attacks,and then achieve the transformation from a single legal interest to a hierarchical legal interest.Under the guidance of the hierarchical legal interest,this crime should take the maintenance of public order as the barrier legal interest and the protection of the personal safety of the people's police as the underlying legal interest,and establish a specific plan for the identification of violent attacks around the target of the attack,the severity of the result,and the type of behavior,so as to achieve an accurate judgment on the punishability of this illegal situation.
Crime of Assaulting Police OfficersViolent AttacksHierarchical Legal InterestStandardized Governance
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NSTL
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