我国袭警行为的刑法规制研究

发布时间：2018-07-31 14:10

【摘要】：警察是国家安全、社会稳定的重要力量,其不仅被赋予国家机关的执法权,而且是打击和惩治违法犯罪行为的强制力量。但是随着社会快速发展,公安机关和警务人员的工作量剧增,在诸多条件的作用下,袭警案件屡次爆发,袭警方式也在不断的变化升级,从言语咒骂、推搡对峙,到积极对抗、蓄意袭击,不仅严重侵害了警务人员的人身权益,也是对国家权威的挑战与法律尊严的蔑视;不仅破坏了社会秩序和法治环境,也加大了警察风险并降低了政府公信力。最终,其最大的受害者是广大的人民群众。因此,遏制袭警事件的发生已成为当前刑法发展的一个待解决的问题。本文以“袭警行为的刑法规制”作为论点,文章通过多方面分析对其进行论证。首先,对袭警行为中“袭”和“警”的概念进行阐释,并将刑法规制的袭警行为划分为两种类型。其次,分析我国袭警行为的刑法规制的状况,并将其与行政法律相结合来发现其规制的不足之处,以便更好的完善袭警行为的刑法规制。再次,借鉴英美法系和大陆法系有关袭警行为的法律规定,并从立法模式、行为对象、行为方式等几个方面对域外袭警行为的刑事法律进行介绍和分析,进而与我国法律进行比较,并启示我国袭警行为的刑事立法与未来发展。接着,对我国袭警行为的未来路径进行思考,将我国当前支持和反对增设袭警罪的观点进行展示,进而对反对增设袭警罪的观点进行思考与辩驳,并从四个方面详细阐述我国增设袭警罪的必要性,及我国所具备设立袭警罪的可行条件。最后,提出自己的具体立法设想,对袭警罪的犯罪构成和刑罚进行构建,并与相关刑法罪名进行比较,以期望能更佳地完善袭警行为的刑法规制。
[Abstract]:Police is an important force of national security and social stability. It is not only endowed with the law enforcement power of state organs, but also the compulsory force to crack down and punish illegal and criminal acts. However, with the rapid development of society, the workload of public security organs and police personnel has increased dramatically. Under the influence of many conditions, attacks on police have repeatedly broken out, and the ways of attacking police officers have been constantly changing and upgrading, ranging from verbal curses, pushing and shoving, and confrontation to active confrontation. The deliberate attack not only seriously infringes the personal rights and interests of police personnel, but also challenges the authority of the state and disdains the dignity of the law. It not only destroys the social order and the environment of the rule of law, but also increases the risk of the police and reduces the credibility of the government. In the end, its biggest victim is the broad masses of the people. Therefore, restraining the occurrence of the attack on the police has become a problem to be solved in the development of the current criminal law. This article takes "the criminal law regulation of attacking police act" as the argument, the article carries on the demonstration through the various aspects analysis. Firstly, the concepts of "attack" and "police" in the behavior of attacking police are explained, and the behavior of attacking police in criminal law is divided into two types. Secondly, it analyzes the situation of criminal law regulation of attacking police act in our country, and combines it with administrative law to find out the deficiency of its regulation, in order to perfect the criminal law regulation of attacking police behavior better. Thirdly, draw lessons from the Anglo-American law system and the continental law system about the act of attacking police, and introduce and analyze the criminal law of the act of attacking the police outside the country from the legislative model, the object of conduct, the behavior way and so on. Then compared with the law of our country, and enlighten the criminal legislation and the future development of the act of attacking the police in our country. Then, the author thinks about the future path of the behavior of attacking the police in our country, displays the viewpoint of supporting and opposing the crime of attacking the police at present, and then ponders and rebutts the viewpoint of opposing the crime of attacking the police. The necessity of setting up the crime of attacking the police and the feasible conditions of establishing the crime of attacking the police in our country are expounded in detail from four aspects. Finally, the author puts forward his own specific legislative assumption, constructs the criminal constitution and penalty of the crime of assault on police, and compares with the relevant criminal law, in order to better improve the criminal law regulation of the act of attacking the police.
【学位授予单位】：安徽财经大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3

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