妨害公务罪问题分析-刑法学专业论文.docxVIP

official duties a prerequisite for constituting the crime, not only from the understanding of article of the law, but from the double idea of protection. While, it should be judge the legitimacy of the official duties in angle of “Objective said”、 from form and content aspects. Secondly, this paper discusses the modes of behavior means of this crime. Through analysis, the author defines the meaning and scope. The violence means could direct at the matters which are closely connecting with the performance of duties but cannot have the characteristic of invisible force. About the action, which actor threatens officials to hindering perform duties in infringing actor’s personal rights and interests. Lastly，it should be more suitable to go along with “offender of specific danger” for the extent of sin, which is established in the double function of criminal law of ensuring social management and national legal rights and interests. And，the author does not agree with that the strength of behavior means have superior limit, the action ,which results in the consequence is beyond quite light harm, is still commit Crime of Hindering Public Affairs. The author states that the large number cases existing in society which are in a certain condition of guilty and innocent，should be punished by Law of People’s Republic of China on Penalties for Administration of Public Security. Through the rule of Crime of Hindering Public Affairs in current criminal law is perfected from 1979’s criminal law, it fits to the judicial practice in a certain period and in a certain extent. But the rule still has some shortages and fault, and gradually fall behind the real need to punish the action of hindering public affairs .The author stands that the behavior means of this crime shall involve new means which are different from violence and threaten. It should be further expand the crime target of this crime, not add the things which are closely related to duty perform, but bring the st