妨害公务罪的司法认定-法律专业论文.docxVIP

Abstract Obstructing public business is a kind of common crime, in recent years, disrupt business cases are increasing and affecting the countrys stability and development. Chinas \criminal law\ the 277th regulation of obstructing public business is too simple and abstract, the judicial practice in such cases with complex diversity, so the judicial practical departments for obstructing public business, understand there is a big controversy, such cases a lot at the critical point of crime and the crime, affected the seriousness of the case the referee standard and unity, to avoid different connection with the given situation, the author study of this crime, hope to be helpful to the practice. This article is divided into four chapters, the main content is as follows: First chapter for the obstructing public business engaged in official business in accordance with the understanding, mainly including what duties, the scope of the law, the legality of business judgment and business activities of when, the author thinks that business is not only the things about the state and the collective, but also the floorboard of the social public and national business; Law includes not only normative documents and the normative documents; The legality of public service is substantial legal form and legal, the judge is the judge, when the judgment standards on the basis of behavior; Official business activities of the when, including preparation stage and the actual execution stage. The second chapter for obstructing public business behavior analysis, mainly including obstructing public business object behavior main body, behavior, and behavior. The behavior main body unit cannot constitute obstructing public business, namely; The behavior method introduces the connotation of violence, threat, scope and intensity, violence, including direct violence and indirect violence, including physical strength, but does not include intangible force, the strength of the violent ceiling which c