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众所周知,人民警察肩负着维护国家团结统一、保证社会长治久安,打击违法犯罪活动、保护人民合法权益的神圣使命。但是近些年来,在我国,人民警察在打击各种犯罪分子的执法过程中,却屡屡遭到暴力抗法。这种暴力抗法现象的出现不仅仅使警察的执法活动遇到了极大的困难,甚至会侵犯到警察的人身安全。为了进一步保护人民警察的合法权益,为了更好地打击各种违法活动和犯罪分子,为了保障人民的幸福美好生活,也为了维护国家的尊严和利益,《刑法修正案(九)》在妨害公务罪中增加了:暴力袭击正在依法执行职务的人民警察的,依照“以暴力、威胁方法阻碍国家机关工作人员依法执行职务的,处三年以下有期徒刑、拘役、管制或者罚金。”的规定从重处罚。而本文的目的便在于通过现实生活中发生的典型案例来讨论一下《刑法修正案(九)》将袭警行为明确列举出来的必要性。
As we all know, the People’s Police shoulders the sacred mission of safeguarding national unity and unity, ensuring long-term peace and stability in society, cracking down on criminal activities and protecting the legitimate rights and interests of the people. However, in recent years, in our country, the People’s Police has been repeatedly violently combating the law in cracking down the law enforcement of various criminals. This phenomenon of violent resistance has not only caused great difficulties to the law enforcement activities of the police, but also violated the personal safety of the police. In order to further protect the legitimate rights and interests of the people’s police, in order to better combat various illegal activities and criminals, in order to protect the people’s happiness and a better life, and to safeguard the dignity and interests of the country, “Criminal Law Amendment (IX) Added to the crime: Violent attacks on the People’s Police who are performing their duties in accordance with the law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fines in accordance with the ”Act of Using Violence and Threats to Obstruct the Officials of State Organs in Performing their Duties According to Law." Stipulated heavy penalties. The purpose of this article is to discuss the necessity of clearly enumerating the assaulting police by introducing the typical cases that occur in real life.