袭警罪司法适用问题探究

Exploration of the Judicial Application of the Crime of Assaulting Police

《刑法修正案(十一)》新设袭警罪的立法目的不仅是对国家对于人民警察的合法权益与执法部门的权威的重视与保护。新立法不可避免地会出现不同的理论和实践适用问题,暴力袭警中的警察不仅包括有正式编制的人民警察,还应当包括辅警;依法执行职务需要根据活动的事务性质、客观依法性和职务活动正在进行与否来综合判断;根据危害程度等方面的不同,袭警罪和妨害公务罪、故意伤害罪具有明显的竞合关系。The purpose of the new legislation on the crime of assaulting police in the Criminal Law Amendment (XI) is not only to attach importance to and protect the state’s legitimate rights and interests of the people’s police and the authority of law enforcement departments. The new legislation will inevitably have different theoretical and practical application issues, and the police in violent attacks on the police should not only include the people’s police with formal establishment, but also include auxiliary police;the performance of duties in accordance with the law needs to be comprehensively judged according to the nature of the affairs of the activities, the objective lawfulness, and whether the job activities are being carried out;according to the degree of harm and other aspects of the differences, there is a clear competition and cooperation relationship between the crime of assaulting the police and the crime of obstructing public service and the crime of intentional bodily harm.