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Research on the Crime of Attacking Police
Author: LiuGang
Tutor: YuZhiGang
School: China University of Political Science
Course: Legal
Keywords: Assaulting a police officer Theoretical controversy Crime of assaulting police Constitute a crime
CLC: D914
Type: Master's thesis
Year: 2006
Downloads: 351
Quote: 7
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Abstract
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In recent years , with the development of the social situation , criminal intelligence, violent , and fled armed resistance of the increasingly intensified. Violent attacks and threats of violence the police criminal phenomenon frequent , serious damage to national dignity of the law , with serious social harm . Assaulting Police has become prominent issues of social concern . Assaulting a police officer because of infringement of objects ( police ) special identity , so its citizens than against other general event will give a more intense negative social effects . Frequent incidents of assaulting the police 's own subjective reasons , but the protection of the police criminal legislation lag is frequent incidents of assaulting an important objective factors. Article Analysis by assaulting event that the crime of assaulting law provisions Although quite clear , you can reach the general sense of the specification purposes. However, due to the lag of the law itself has led to our current criminal legislation punishing acts of assaulting a police officer there exists legislative drawbacks, too simple and too general legislative provisions . In view of the current criminal legislation assaulting behavior drawbacks are that the community should step up legislation for assaulting behavior crackdown , but whether the conduct for assaulting a police officer convicted of theoretical controversy intense. Convicted of assaulting a police officer behavior theory dispute , the parties and the community experts and scholars have different views. For assaulting a police officer acts harmful to society , the community have held a positive view that the assaulting behavior has serious social harm . But for assaulting a police officer convicted of acts of whether the current theoretical circles there are two comments that concurs and negation said. By the author of experts and scholars theoretical analysis of controversial ideas , behaviors tend to incriminate of assaulting a police officer . Convicted of assaulting a police officer acts Legislation value is reflected in four aspects: safeguarding national dignity of the law , public law and order is restored inevitable requirement ; public interest maintenance needs ; determined by the nature of police power : criminal law recognized by the police special status protection needs. Meanwhile, the combination of the characteristics of the crime assaulting the article will define the crime of assaulting a police officer as: the perpetrator knows the object of their attack on the police , and for the identity of the police , by violence or threats of violence and other illegal means against , and shall be subject to penalty imposed on behavior. Articles from crime constitute the crime of assaulting a police officer on the constitution of analysis and design , from the four aspects of crime constitutes the crime of conviction and sentencing of assaulting a police officer , assaulting a police officer raised his sin with sin Lapping of Legal Provisions solve opinions.
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