人民警察执法权保护问题的刑法学思考

The Criminal Law Thinking about the Problem of Protectingthe Police Right on Executing the Law

笔者建议刑法应当明确人民警察的职务防卫权,规定人民警察在执法过程中一旦遭遇暴力抗法者的袭击,有权利使用警械和武器进行防卫,以示人民警察的执法活动神圣不可侵犯。同时在刑法分则中应增设袭警罪,明确规定袭警罪的犯罪构成和具体的量刑标准,使暴力袭警行为在刑罚适用上罚当其罪,以实现对人民警察执法权的刑法保护。

The phenomenon of attacking police took place in high frequency, it reflected that the problem of the law has not protect the police right on executing the law effectively. It requires us must use the criminal law, the final means of social adjustment and control to protect the police right of executing the law. The discourse suggested that the criminal law should prescribe the police have the duty defense right clearly, declare the police actions of executing the law are divine and should not be infringed. Meanwhile, in order to enhance the protection to the police right on executing the law,we should add the attack police crime in the branch of the criminal law to punish the behavior of attacking police severely.