袭警行为刑事立法研究
发布时间：2018-08-14 15:24
【摘要】：近年来,随着我国转型时期社会矛盾的凸显,袭警事件频发,成为了社会隐忧。袭警行为不仅侵犯了人民警察的人身权益,而且严重影响了公安机关的正常工作,对社会治安和稳定产生了严重的负面影响。袭警事件的频繁发生,固然有其深层次的社会原因,但我国刑法对袭警行为缺乏专门的规制,造成袭警的违法成本较低,是造成袭警行为泛滥的重要原因。基于此,本文通过对袭警行为进行系统研究,深入论证袭警行为专门立法的根据并提出具体的立法构想,具体可以分为四个部分。 第一部分,袭警行为概念类型及成因,是本文的基础理论部分,首先对袭警行为的内涵进行了科学的界定,在此基础上,通过实证考察,将袭警行为细分为六种类型,最后深入地分析了袭警行为产生的社会、法律原因。 第二部分,国内外法律处理袭警行为的基本现状,运用比较研究的方法,系统考察国内外处理袭警行为的立法及司法现状,并对中外的立法司法实践进行了横向比较。 第三部分,我国刑法增设袭警罪的必要性和可行性分析,从不同角度详细论证了袭警行为刑事立法的必要性及可行性。 第四部分,我国刑法增设袭警罪的具体构想,系统构建了袭警罪的犯罪构成条件并详细分析了袭警罪法定刑配置的原则,最后在结论部分,提出了袭警罪立法的具体条文,以供立法部门参考借鉴,从而凸显了本文实践价值和时代精神。
[Abstract]:In recent years, with the emergence of social contradictions in the transitional period of our country, frequent attacks on police incidents have become a social concern. The act of attacking the police not only infringes on the personal rights and interests of the people's police, but also seriously affects the normal work of the public security organs and has a serious negative impact on social security and stability. There are deep social reasons for the frequent occurrence of attacks on police, but the lack of special regulation in our criminal law, which leads to the low illegal cost of attacking police, is an important reason for the flooding of attacks on police. Based on this, this paper makes a systematic study on the behavior of attacking the police, deeply demonstrates the basis of the special legislation of the act of attacking the police and puts forward specific legislative ideas, which can be divided into four parts. The first part, the concept type and cause of formation of attacking police behavior, is the basic theory part of this paper. Firstly, the connotation of attacking police behavior is scientifically defined, and on this basis, through empirical investigation, the attack police behavior is divided into six types. At last, it analyzes the social and legal reasons of attacking police. The second part, the basic situation of domestic and foreign law dealing with the act of attacking police, using the method of comparative study, systematically investigate the domestic and foreign legislative and judicial status of handling the act of assault, and make a horizontal comparison of the legislative and judicial practice at home and abroad. The third part analyzes the necessity and feasibility of adding the crime of attacking police in our criminal law, and proves the necessity and feasibility of criminal legislation of attacking police in detail from different angles. The fourth part, the concrete conception of adding the crime of attacking the police in the criminal law of our country, systematically constructs the crime constitution condition of the crime of attacking the police and analyzes the principle of the legal punishment disposition of the crime of attacking the police in detail. Finally, in the conclusion part, it puts forward the specific provisions of the legislation of the crime of attacking the police. For the legislative department reference, thus highlighting the practical value of this article and the spirit of the times.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924
本文编号：2183294
[Abstract]:In recent years, with the emergence of social contradictions in the transitional period of our country, frequent attacks on police incidents have become a social concern. The act of attacking the police not only infringes on the personal rights and interests of the people's police, but also seriously affects the normal work of the public security organs and has a serious negative impact on social security and stability. There are deep social reasons for the frequent occurrence of attacks on police, but the lack of special regulation in our criminal law, which leads to the low illegal cost of attacking police, is an important reason for the flooding of attacks on police. Based on this, this paper makes a systematic study on the behavior of attacking the police, deeply demonstrates the basis of the special legislation of the act of attacking the police and puts forward specific legislative ideas, which can be divided into four parts. The first part, the concept type and cause of formation of attacking police behavior, is the basic theory part of this paper. Firstly, the connotation of attacking police behavior is scientifically defined, and on this basis, through empirical investigation, the attack police behavior is divided into six types. At last, it analyzes the social and legal reasons of attacking police. The second part, the basic situation of domestic and foreign law dealing with the act of attacking police, using the method of comparative study, systematically investigate the domestic and foreign legislative and judicial status of handling the act of assault, and make a horizontal comparison of the legislative and judicial practice at home and abroad. The third part analyzes the necessity and feasibility of adding the crime of attacking police in our criminal law, and proves the necessity and feasibility of criminal legislation of attacking police in detail from different angles. The fourth part, the concrete conception of adding the crime of attacking the police in the criminal law of our country, systematically constructs the crime constitution condition of the crime of attacking the police and analyzes the principle of the legal punishment disposition of the crime of attacking the police in detail. Finally, in the conclusion part, it puts forward the specific provisions of the legislation of the crime of attacking the police. For the legislative department reference, thus highlighting the practical value of this article and the spirit of the times.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D924
【参考文献】
相关期刊论文 前2条
1 金诚;袭警行为研究[J];公安研究;2005年01期
2 刘功文;法治的弊端及其克服[J];零陵师范高等专科学校学报;2001年01期
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