袭警罪的教义学阐释

Doctrinal Interpretation of the Crime of Attacking Police

我国刑法修正案(十一)设立了袭警罪。不同于妨害公务罪的相关规定,对袭警罪加重处罚的正当性依据在于犯罪行为不仅侵犯了人民警察执行公务的法益,还侵犯了从属于警务执行法益的人身健康法益。立足于一般预防或单个法益侵犯程度的观点都无法合理解释这种加重处罚的正当性。对于袭警罪构成要件的理解,不能单纯依靠文意解释,得从体系层次进行教义学阐释,在规范上对法条的适用作出细化。同时,袭警罪与妨害公务罪属于法条竞合关系,两者间存在包容关系,应在司法实践中予以区分,以期得到更好地运用。

China's criminal Law amendment(11)established the crime of assaulting police.Different from the relevant provisions of the crime of obstructing official duties,the justification of the heavier punishment for the crime of assaulting police lies in the fact that the criminal behavior not only infringes the legal interests of the police in performing official duties,but also infringes the legal interests of personal health which are subordinate to the legal interests of police in performing official duties.Neither general prevention nor individual legal interest infringement can reasonably explain the legitimacy of this increased punishment.The understanding of the constitutive elements of the crime of assaulting the police should not only rely on the interpretation of the text,but also carry out doctrinal interpretation from the system level,and refine the application of the law in the standard.At the same time,the crime of assaulting police and the crime of obstructing official business belong to the relationship of legal competition and cooperation,and there is an inclusive relationship between them,so they should be distinguished in judicial practice in order to be better used.