Criminal law counteraction to violent attacks on police in China

Abstract

In recent years, violent attacks on the police have become more frequent in China, which not only prevents the People’s police from performing their duties, but also seriously threatens their personal rights and interests. In this regard, there was a call in the academic circles of China to single out an attack on the police as a separate crime. Amendments to the Criminal Code of the People’s Republic of China purposefully responded to this call by separating a violent attack on the police from the composition of “obstruction of the performance of official duties” and forming a separate corpus delicti — “attack on the police”. The composition of an attack on the police has been widely used in judicial practice since it was established separately in the Criminal Code of the People’s Republic of China and officially put into effect, which really had a certain deterrent effect on crimes against police officers: on the one hand, it effectively guarantees the uninterrupted performance of police duties and activities; on the other hand, it also strengthens the authority of the law enforcement activities of the police and at the same time protects the personal rights and interests of police officers. However, a large amount of judicial practice shows that there are many ambiguities in the judicial application of this corpus delicti, reflected mainly in the understanding of “violent attack” and “people’s police”, the use of related crimes. When solving these problems, first of all, the connotation of “violent attack” should include direct and indirect violence against a person, and may also include violence against things affecting the smooth performance of duties, but should not include simple violence against things and mild violence. Secondly, in the understanding of the “people’s police”, it should be based on a position of compromise, and it should be recognized that police officers without official approval and police assistants can also become the subject of the crime of “attacking the police”. Thirdly, in specific judicial practice, the problems of applying the elements of crimes, such as “assault on the police” “obstruction of the performance of official duties” “intentional injury to health” and “murder” are reasonably resolved in accordance with the rules of competition of norms or ideal totality for the purpose of scientific and rational application of the crime in question.