袭警罪的立法意旨与教义学分析

Legislative Intention and Judicial Application of Violent Assault on Police

暴力袭警行为独立成罪,对于维护警察执法权威和尊严、保护人民警察人身安全、遏制与预防此类犯罪具有重要的宣示意义和现实意义。袭警罪是妨害公务罪的特别类型,其仍然侧重保护人民警察的执法权,而非单纯地保护其人身安全。袭警罪的行为对象是正在依法执行职务的人民警察,其包括在人民警察的指挥和监督下,配合警察执法的辅警。本罪中的暴力指的是狭义的暴力,但只要该暴力具有妨害人民警察执行职务的抽象危险即可,而不要求达到压制执法警察反抗的程度,更不要求客观上阻碍了其执行职务。使用枪支、刀具等手段暴力袭警,具有严重危及人民警察的人身安全具体危险的,构成袭警罪的加重犯。暴力袭击依法正在执行职务的人民警察,造成其重伤或者死亡的,属于想象竞合,应以故意伤害罪或故意杀人罪定罪重罚;如果只是造成执法警察轻伤的,应认定为袭警罪,轻伤结果可作为酌定从重处罚情节加以考虑。

There is important declaration and practical significance in safeguarding the authority and dignity of police law enforcement,protecting the personal safety of the people’s police,curbing and preventing such crimes since violent assault on police become an independent crime.The crime of assaulting the police is a special type of the crime of impairing public service,it still focuses on protecting the law enforcement power of the people’s police,rather than simply protecting their personal safety.The object of the crime of assaulting police is the policemen who are performing their duties according to law,including auxiliary police who cooperate with the police in law enforcement under the command and supervision of the people’s police.The violence in this crime refers to the narrow sense.however,once the violence has the abstract danger of hindering the policemen from performing their duties is enough,it is not required to suppress the resistance of the police,also not required objectively hindering the performance of their duties.Using guns,knives and other means of violence to attack the police,which seriously endangers the personal safety of the policemen,constitutes an aggravated crime of attacking the police.A violent attack on a policeman who is performing his duties according to law,resulting in serious injury or death,belongs to imaginative joinder of offenses,it should be consider as a crime of intentional injury or intentional homicide.If it only causes slight injury to the law enforcement police,it should be regarded as a crime of assaulting the police,and the result of slight injury can be considered as the circumstances of discretionary heavier punishment.