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  4. Vol 3, Issue 3, 2024

Research on the Justification of Police Auxiliary Personnel Being the Object of Assaulting Police

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DOI: 10.23977/law.2024.030316 | Downloads: 3 | Views: 64

Author(s)

Du Tinghe 1

Affiliation(s)

1 People's Public Security University of China, Beijing, 100038, China

Corresponding Author

Du Tinghe

ABSTRACT

Due to the lack of legislation and theory, it has been controversial whether the fifth paragraph of Article 277 of the Criminal Law can be applied to police assistants who are subjected to violent attacks while performing their duties according to law. The legal interest of the crime of assaulting a police officer should only be the law enforcement authority of the state, and it is impossible to deny that the police auxiliary personnel do not constitute the criminal object of the crime of assaulting a police officer by including the life safety of the people's police or the duty behavior of the people's police. Combined with the concept of police auxiliary personnel in administrative law, it is considered that the legal status of police auxiliary personnel belongs to the administrative assistant of the people's police, is the assistant of public security organs to exercise their power, is a reasonable extension of police activities, and constitutes "law enforcement integration"; Based on the actual situation of China's police activities and the analysis of relevant normative documents, it is believed that the police auxiliary personnel have the legitimacy of law enforcement when performing their duties, and the word "police" represents the police behavior in essence rather than the police subject. The definition of "people's police" in the crime of assaulting police is an expanded interpretation, not an analogy interpretation, which further confirms the legitimacy of law enforcement of the police auxiliary personnel and makes it clear that the police auxiliary personnel can be the target of the crime of assaulting police.

KEYWORDS

Police auxiliary personnel; Legal interests; Administrative assistant; Legitimacy of law enforcement; crime of assaulting police officers

CITE THIS PAPER

Du Tinghe, Research on the Justification of Police Auxiliary Personnel Being the Object of Assaulting Police. Science of Law Journal (2024) Vol. 3: 117-127. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030316.

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