摘要
暴力袭警的现象频频发生且愈发严重,《刑法修正案(十一)》增设了袭警罪进行规制。作为人民警察的辅助人员,辅警是否属于刑法中的“人民警察”尚有异议,致使司法实务中对于暴力袭击依法执行职务的辅警认定为妨害公务罪还是袭警罪存在分歧。以妨害公务罪定性的观点不能准确揭示行为的本质,在处罚上会存在量刑过轻的弊端,不符合刑法精准性的原则。以袭警罪定性的观点应以提倡,辅警虽不具有人民警察的身份,但可以协助人民警察行使警务执法权,讨论保护辅警协助人民警察行使警务执法权是《刑法修正案(十一)》增设袭警罪加强对警务执法权保护的意旨。以袭警罪定罪时,暴力行为的认定应仅限于“硬暴力”,且不能造成超过轻伤的程度。
The occurrences of violent assaults against police officers are escalating in both frequency and severity.In reaction to this trend,the Criminal Law Amendment(XI)has added provisions on the crime of violently assaulting a police officer,aiming to combat such offenses.Although auxiliary police officers provide assistance to regular police officers in the law-enforcement activities,there is still controversy over whether they are recognized as members of"people's police"under the Criminal Law.Consequently,in judicial practice,there are disputes concerning whether violent assaults against a duty-performing auxiliary police officer should be determined as the crime of obstructing official duties or the crime of assaulting a police officer.The view that such acts should be determined as the crime of obstructing official duties fails to accurately reflect the essence of such violent offenses and may lead to unduly lenient sentencing,which is at odds with the principle of accuracy in criminal law.Instead,the view for determining such an assault as the crime of assaulting a police officer is more compelling.Despite the fact that auxiliary police officers are not officially designated as"people's police",they play a crucial role in supporting formal police officers in policing work.Hence,discussing issues relevant to the protection of such group during their law-enforcement support activities is congruent with the intent of including the crime of assaulting a police officer in the Criminal Law Amendment(XI),aimed at enhancing the protection for law-enforcement authority.When prosecuting such offenses as the crime of violently assaulting a police officer,the definition of violent behavior should be confined to what is termed"hard violence"and the level of harm caused by the violent assault should not surpass that of minor injuries.
作者
孙文杰
Sun Wenjie(School of Law,Jilin University,Changchun 130012,China)
出处
《贵州警察学院学报》
2024年第6期27-33,共7页
Journal of Guizhou Police College
基金
2021年国家社会科学基金青年项目(21CFX021)
2022年四川省高校人文社会科学重点研究基地——基层司法能力研究中心项目(JCSF2022-23)。
关键词
暴力袭击
辅警
妨害公务罪
袭警罪
《刑法修正案(十一)》
violent assault
an auxiliary police officer
crime of obstructing official duties
crime of assaulting a police officer
Amendment(XI)to the Criminal Law
