袭警罪的入罪标准与罪名关系考察

Examination of the Relationship between the Incrimination Standard and the Crime of Assaulting a Police Officer

摘要: 袭警罪作为《刑法修正案(十一)》新增罪名，及时回应了社会大众对严惩袭警行为和维护警察权威性的呼声。结合我国的国情和司法环境特点，袭警罪的保护法益应该为复合法益，主要保护法益是人民警察的执法权，次要法益是人民警察的人身安全。与保护法益相适应，在司法实践中，要避免袭警罪的适用扩张倾向，成为新一代“口袋罪”。因此，要严格把控和正确理解袭警罪的行为对象、“正在执行职务”以及“暴力”的含义。同时，也要严格区分罪与非罪，保持刑法谦抑性，对情节轻微的袭警行为做出罪处理。明确袭警罪和妨害公务罪以及故意伤害罪、故意杀人罪的关系，规范罪名适用。

Abstract: The crime of assaulting a police officer, as a new crime in the Criminal Law Amendment (XI), is a timely response to the public’s call for severe punishment of assaulting a police officer and maintaining the authority of the police. Combined with China’s national conditions and the characteristics of the judicial environment, the protection of the crime of assaulting the police should be composite legal benefit, the main protection of legal benefit is the law enforcement right of the people’s police, and the secondary legal benefit is the personal safety of the people’s police. In line with the protection of legal interests, in judicial practice, avoid the expansion of the crime of assault on the police tendency to become a new generation of “pocket crime”. Therefore, it is necessary to strictly control and correctly understand the object of the crime of assaulting the police, being in the course of duty and the meaning of violence. At the same time, it is also necessary to strictly distinguish between crimes and non-crimes, to maintain the modesty of the criminal law, and to deal with crimes of minor circumstances. The relationship between the crime of assaulting the police and the crime of obstructing official duties as well as the crime of intentional injury and intentional homicide should be clarified, and the application of the crime should be standardized.