袭警行为的刑法规制思考——以《刑法修正案(九)》为视角

On Behaviour of Assaulting the Police from Criminal Law and Regulations——In the light of Amendment of Criminal Law(the ninth

袭警行为严重冲击社会秩序和法律权威。2015年《刑法修正案(九)》正式将暴力袭警行为规定为妨害公务罪的从重处罚情节,从中可以感受到立法者对这一问题的高度重视和积极回应。此项立法第一次将"袭警"这一概念纳入刑法之中,体现出国家严惩袭警犯罪的决心,是我国刑事法治的一大进步。但从刑事立法技术上看,对袭警犯罪的规制仍应进一步完善,如增加袭击执行职务的辅警、协警的行为以及盗窃、抢夺、抢劫警械、武器的犯罪行为等,方能全面有效地惩治袭警犯罪,保护人民警察合法权益,提高公安机关执法威望。

Assaulting police has a severe impact on ruling order and legal authority,so its perniciousness can＇t be ignored. The Amendment of Criminal Law（ the ninth） in 2015 officially defined violent assaulting police as the crime of disrupting public service and this action shall be given a severe punishment,from which we can see legislators put a high value on this problem and have a positive attitude towards it. This bill firstly included ＂ Assaulting Police＂ into the Criminal Law,which shows the government＇s strong mind on severely punishing assaulting police; it＇s also a great progress in terms of the criminal law in our country. From the technology of criminal legislation,however,the regulation on assaulting police still needs further improvement,for instance,increasing the categories of criminal behaviors such as assaulting auxiliary polices who are performing their duties、stealing、looting、robing police tools and weapons and so on. Thereby,we can effectively contain assaulting police crime,protect the rights of policeman and improve the legal authority of law enforcement of public security organs.