China is not guilty of assaulting a police officer. Assaulting a police officer, if the circumstances are serious enough to cause minor injuries or more, shall be punished with the crime of injury and obstruction of official duties; Pushing and shoving, etc., to be punished for obstructing official duties, provided that the other party is performing official duties. If not, treat them like ordinary citizens. The concept of the crime of obstructing official duties: refers to the act of obstructing state functionaries, deputies to the National People's Congress and Red Cross staff from performing their duties or responsibilities according to law under certain conditions by means of violence or threat, or deliberately obstructing state security organs and public security organs from performing state security tasks according to law by means other than violence or threat, resulting in serious consequences. Sentencing for the crime of obstructing official duties: Article 277 of the Criminal Law obstructs state functionaries from performing their duties according to law by violence or threats, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph. In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph.

Legal objectivity:

Object Elements This crime infringes on complex objects, in which the normal management activities of the state are its main objects, and the personal rights of state organs and Red Cross staff are its random objects. The crime of nuisance of official duties violates the normal management activities of the country. If any country wants to exist and develop in a stable and orderly way, it must enjoy a series of management functions and carry out a series of management activities, which is usually realized by the staff of state organs and other organizations performing their duties according to law. Therefore, criminal acts that hinder state organs and Red Cross staff from performing their official duties according to law will inevitably interfere with and undermine the normal management activities of the country. This is the focus of the social harmfulness of this crime, and it is also the key to distinguish this crime from criminal acts that simply infringe on the personal and property of public servants. The crime of obstructing official duties usually infringes on the personal rights of the staff of state organs and the Red Cross. The constitution of this crime must be based on the perpetrator's use of violence and threats. When people use violence or threats to prevent them from performing their duties, the harmful results will not only interfere with the official activities of state organs or Red Cross staff, but also adversely affect the normal management activities of the country, and will inevitably infringe on the health or other personal rights of the above-mentioned public servants. The fourth paragraph of this article stipulates that anyone who intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law, even if violence or threats are not used, as long as serious consequences are caused, also constitutes this crime. The object of this crime is the staff of state organs who perform their duties according to law. It does not constitute this crime to hinder the staff of non-state organs from engaging in certain activities, or to be a staff member of state organs, but their activities are not within the scope of their duties, or their activities are not within the scope of their duties being performed according to law. In other words, the object of this crime, first, must be before the staff of state organs have begun to perform their duties; Second, it must be carried out in accordance with the law and cannot exceed the authority. "Performing duties" includes both official activities in the working hours and places of state organs and official activities in other places according to specific orders. For example, public security personnel perform their duties according to law whenever and wherever they arrest a criminal suspect who is committing a crime. However, activities that exceed the scope of their functions and powers, or activities that abuse their powers and infringe upon the interests of the state and the masses, which are stopped by others, do not constitute a crime of obstructing official duties. According to the provisions of paragraphs 2 and 3 of this article, the targets of this crime also include NPC deputies and Red Cross staff. The so-called deputies to the National People's Congress refer to the deputies to the National People's Congress and local people's congresses at various levels elected in accordance with the provisions of the Constitution and the electoral law of our country and in accordance with legal procedures. The so-called Red Cross refers to an international voluntary rescue group, which mainly helps the wounded and civilians in wartime and the victims of other disasters. The above-mentioned personnel can only constitute this crime if they perform their duties according to law. Objectively speaking, this crime is manifested in the following situations: 1. Acts of obstructing state functionaries from performing their duties according to law by violence or threats. The so-called performance of duties according to law means that the staff of state organs use their statutory powers to engage in official activities within the scope prescribed by the state. This kind of official activities includes not only the official activities of state staff during working hours or work units, but also the official activities of state staff at other times or places according to relevant regulations or orders. For example, public security personnel have the right to arrest criminal suspects who are engaged in criminal activities at any time and anywhere, and obstruct them by violence or threat, which constitutes a crime. Secondly, the staff of state organs must perform their duties according to law. That is to say, his management activities really belong to his legal authority, and the way of activities conforms to the conditions stipulated by law. For example, industrial and commercial administrative personnel supervise and manage market trade according to law, and customs personnel inspect import and export articles according to law. State functionaries who engage in other illegal activities beyond the scope of their duties, or abuse their powers, abuse power for personal gain, violate the law and discipline, infringe upon the interests of the state and the people, arouse public anger, and are hindered cannot be regarded as obstructing official duties. At the same time, the perpetrator must use violence or threats to hinder him from performing his duties. The term "violence" as mentioned in this article refers to violent attacks such as beating, binding or personal coercion against state functionaries who are performing their duties according to law. If the perpetrator's violent behavior leads to serious injury or death of state functionaries, or even intentional killing of state functionaries, he shall be convicted of intentional injury (serious injury) or intentional homicide in accordance with the principle of imaginative joinder, and be given a heavier punishment (one act, several charges, imaginative joinder). The term "threat" as mentioned in this article refers to the act of intimidation or coercion by the actor against the staff of state organs who are performing their duties according to law by means of killing, injuring, destroying property, damaging reputation and taking hostages. In an attempt to force the staff of state organs to give up their duties. If the perpetrator does not use violence or threats, but uses other methods to interfere with the performance of duties by the staff of state organs, such as abusive and noisy behavior, although it is harmful to the performance of duties, it does not constitute this crime. This kind of behavior can be criticized and educated, and can also be punished by public security management. If the circumstances are bad, it may constitute an insult or other crimes. 2. Those who obstruct deputies to people's congresses at all levels from performing their duties by means of violence or threats include deputies to townships, towns, counties, cities, banners, prefectures, cities, leagues, provinces, autonomous regions, municipalities directly under the Central Government and even the National People's Congress. The so-called representative position refers to the duties that people's deputies have the right to perform in the people's congresses at the corresponding levels as stipulated in the organic laws of the National People's Congress and local people's congresses at various levels, such as guarding state secrets; Assist in the implementation of the Constitution and laws in the production, work and social activities that they participate in; Attend the meeting of the people's congress of the original electoral unit; Listen to and reflect the opinions and demands of the people; Attend meetings of people's congresses as nonvoting delegates; To put forward suggestions, criticisms and opinions on all aspects of work to the people's congresses at the corresponding levels and their standing committees; Candidates determined by voting; Publicity of laws and policies; To assist the people's governments at the corresponding levels in their work; To reflect the opinions and demands of the masses to the people's congresses, their standing committees and the people's governments; Contact voters according to law; Inspection, investigation and inspection; Wait a minute. Whether performing duties according to law during the session of the people's congress at the corresponding level or when the people's congress at the corresponding level is not in session, as long as it belongs to a representative position, it can constitute this crime by violence or threat. It should be pointed out that some representatives themselves belong to the staff of state organs. If you are performing your duties, it should be the first objective situation of this crime, that is, obstructing the staff of state organs from performing their duties according to law. If he is not performing his job duties, but performing his representative duties, it constitutes this situation of this crime. If the representative is a staff member of a non-state organ, this crime can only be constituted when performing his duties as a representative. 3 in natural disasters and emergencies, by violence or threats to prevent the Red Cross staff from performing their duties according to law. According to the provisions of the Red Cross Law, the China Red Cross Society is a unified Red Cross organization in People's Republic of China (PRC) and a social relief group engaged in humanitarian work. The purpose of its activities is to protect human life and health, carry forward the humanitarian spirit and promote the cause of peace and progress. The China Red Cross Society follows the basic principles established by the International Red Cross and Red Crescent Movement, and independently carries out its work and performs its duties according to the Geneva Conventions and their Additional Protocols to which China is a party and the Constitution of the China Red Cross Society. According to 1993 1 Article 12 of the Red Cross Law passed on October 30th, the Red Cross Society performs the following duties: (1) Prepare for disaster relief; Rescue the wounded and other victims in natural disasters and emergencies; (2) popularize the knowledge of health care and disease prevention, carry out primary health care training, and organize the masses to participate in on-site rescue; Participate in blood transfusion and blood donation, and advocate voluntary blood donation; Carry out other humanitarian service activities; (3) Carry out Red Cross youth activities; (4) Participating in international humanitarian relief work; (five) to publicize the basic principles of the International Red Cross and Red Crescent Movement and the Geneva Conventions and their Additional Protocols; (six) according to the basic principles of the International Red Cross and Red Crescent Movement, to complete the matters entrusted by the people's government; (7) Work in accordance with the relevant provisions of the Geneva Conventions and their Additional Protocols. The Red Cross has the right to dispose of the relief materials it receives; In natural disasters and emergencies, vehicles carrying out rescue missions and marked with the Red Cross sign have priority. If it is in natural disasters and emergencies, it can constitute this crime to prevent Red Cross staff from performing their duties by violence or threats. In this case, we must pay attention to three aspects, namely: (1) must be the staff of the Red Cross. If it is not the staff of the Red Cross, even if it is engaged in some humanitarian work, it will not constitute this crime by violence or threat. (two) must perform their duties according to law. (three) must be in a natural disaster or emergency, and must be prevented from performing their duties by violence or threat. Although violence or threats are used to hinder the Red Cross staff from performing their duties according to law, it does not constitute this crime if it is not in natural disasters or emergencies. 4. Deliberately obstructing the state security organs and public security organs from carrying out the tasks of state security according to law, without resorting to violence or threats, but taking measures other than the above-mentioned violence or threats to the staff of state organs who are carrying out the tasks of state security, such as besieging, making trouble, ignoring or delaying the execution of official duties related to state security, and causing serious consequences. If it is directly obstructed by violence or threat, it belongs to the first objective aspect of this crime, that is, the situation of obstructing the staff of state organs from performing their duties according to law by violence or threat cannot be punished. According to the relevant provisions of the National Security Law, the following acts should be non-violent and threatening ways to hinder state security personnel from performing their official duties according to law: (1) When performing state security duties, state security organs and public security organs produce their certificates according to law to check the identity of personnel and investigate and inquire about the situation from relevant organizations and personnel. The actor refuses to submit his identity certificate or provide relevant information (knowing that others are engaged in espionage, he refuses to provide it when the state security organ investigates and collects evidence from him). (2) The personnel who perform national security work want to enter the relevant places, areas, places and units whose entry is restricted according to law, or view and consult the relevant files, materials and articles, and are refused by the actor; (3) When performing an emergency task according to law, the personnel who perform national security work show their certificates and ask for priority in taking public transport, and when encountering traffic obstacles, the actor refuses to allow them; (4) State security organs and public security organs may give priority to the use of means of transport, communication tools, venues and buildings of state organs, organizations, enterprises, institutions and individuals when necessary, but the perpetrator obstructs or even deliberately makes things difficult; (5) Personnel who perform national security work want to check the electronic communication tools, equipment and other equipment and facilities of organizations or individuals in order to safeguard national security, but the actor refuses to allow them; (6) Because of the need of national security work, the state security organs and public security organs, in accordance with the relevant provisions of the state, require the customs and frontier inspection personnel to inspect the relevant personnel, materials and equipment, and the relevant inspection organs refuse to assist; Wait a minute. The actor must hinder the personnel who perform national security work from performing national security official duties according to law. The so-called obstruction means that the actor prevents the personnel who perform national security work from exercising their functions and powers and performing their duties normally through various means. It not only shows that the personnel who perform national security work are forced to stop performing national security official duties, but also shows that they are forced to change the content of national security official duties that should be performed according to law. It does not constitute this crime if it does not hinder the staff of state security organs or public security organs from performing their duties, or if it hinders the staff of the above-mentioned organs from performing their duties but fails to perform their duties of state security, and the public security organs are arresting people who intentionally kill or trying to hinder them from performing their duties of state security but not their duties. It does not constitute a crime to refuse to carry out the requirements of national security personnel first and let them perform national security official duties in time after the work is completed. Obstructing the personnel who perform national security work from performing national security official duties must also cause serious consequences to constitute this crime. Serious consequences refer to delaying national security work, indulging criminals, or causing serious damage to national security, such as causing criminal suspects to abscond, interrupting investigation clues, losing criminal evidence, and transferring stolen money and goods. Subject Elements The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute this crime. Subjective Elements Subjectively, this crime is intentional, that is, knowing that the other party is a staff member of a state organ, a deputy to the National People's Congress, or a staff member of the Red Cross who is performing his duties according to law, and deliberately inflicting violence or threats on him, making him unable to perform his duties. Actors' motives are often varied. For example, it involves the interests of the actor; In order to safeguard others; Have personal grievances with the staff member, take the opportunity to vent and take revenge; Wait a minute. However, the motive does not affect the establishment of this crime, and it can be considered as a plot in sentencing. However, if the perpetrator does not know that the other party is a staff member of a state organ, a deputy to the National People's Congress or a staff member of the Red Cross Society who is performing his duties according to law, it does not constitute a crime.