2. From the beginning of 2006 to September, there was a conflict between urban management team members and street vendors in Beijing. Urban management encountered 76 violent incidents of resisting the law, 89 people were injured and 1 person died.
3. June 2006 1, Guangzhou. According to the New Express, Guangzhou Urban Management Law Enforcement Team had a fierce conflict with more than a dozen men when cleaning a barbecue stall on a road section. A dozen big men stood on the road with axes and sticks in their hands, and some people were going to light gas bottles. The police urgently dispatched riot police to deal with the incident. At this time, the road was blocked for three hours.
4. June, 2006 18, Shijiazhuang. According to the Metropolis Daily, the law enforcement officers of the 4th Squadron of Qiaoxi Urban Management Brigade in Shijiazhuang had an argument with the stall owner Shen when cleaning up the breakfast stall. Shen scooped up a spoonful of hot oil from the hot oil pan with a spoon and splashed it on Feng, the urban management team member. Feng has second-degree burns.
5. July 2006 1, Fuzhou. According to the Southeast Express, six members of the 1st Squadron of Gulou District Urban Management Law Enforcement Bureau were violently resisted by illegal traders, and two law enforcement officers, including the squadron leader, were stabbed. One of them was seriously injured and was in a coma for four hours.
6. On July 7, 2006, Anhui Market News reported that on the morning of the same day, when the Urban Management Law Enforcement Bureau of Bengbu City, Anhui Province was persuading a certain place in the city to demolish, someone spilled gasoline on the law enforcement officers, and one of them chased the urban management personnel with a sharp knife. Gao Jianguo, director of the Legal Affairs Office of the Comprehensive Detachment, was stabbed several times and died after being rescued. Two other members of the third brigade were injured while performing their duties, one seriously and the other slightly.
7. On February 3rd, 2009, 65438, Wuhan Evening News reported that in the early morning of June 5438+065438+ 10/3, a vicious demolition incident occurred in Jinhua Village, Chengdu. The hostess Tang Fuzhen set herself on fire to save her life, but failed to stop the forced demolition team. On June 5438+065438.20001006766 The two sides held their own words about the incident, and the local government characterized the incident as "violent resistance to the law."
20 14-20 15 related cases
Case 1
Go to your girlfriend's house to make trouble after getting drunk late at night
Was taken away by the police, smashed the police station and bit the police.
On the evening of April 23rd, 2065438+May, Mai Hailu (male, 35 years old, from Haikou, technical secondary school) drank six bottles of beer and went to a residential building in Haikou to find his girlfriend Arong. It was about 10: 40 at night. Arong's family didn't dare to open the door, so they called 1 10 to report that someone was drunk and making trouble.
The police officer Kuang of Yunlu Police Station of Qiongshan Branch of Haikou City Public Security Bureau rushed to the scene with a police assistant and a patrol control brigade policeman, showed the police identity to Maihai Road and asked about the situation. Mai Hailu refused to cooperate, pulled the policeman's clothes, bit the policeman's calf and right hand, and violently resisted, hindering the policeman from performing official duties. The police subdued Mai Hailu and took him to the car. While in the car, Mai Hailu was still fidgeting and even kicked the isolation glass of the patrol car.
Mai Hailu was taken back to Yunlu police station. In the police station, Mai Hailu successively smashed the chairs, desks and other office facilities in the police station. According to the judicial appraisal, the right calf injury of officer Kuang is a minor injury, and the right hand bitten by the police officer of the patrol control brigade is a minor injury. After prosecution by qiongshan district Procuratorate in Haikou, qiongshan district Court in Haikou sentenced Mai Hailu to fixed-term imprisonment of 1 year and 3 months for the crime of obstructing official duties.
Case 2
In KTV, policemen were beaten and guns were robbed.
Six men in Hubei province obstructed official duties.
20165438 In 2004+0654381October 16 2 1 hour, six Hubei men, including Cao Rui, Hui Yu, Pan Hu, Wei Ping, Zhang Feng and Xiong Shasha, sang and drank in a KTV box in Haiken Road, Haikou City. During the period, there was a dispute with the waiter Zhou because of the problem of bringing drinks, and Zhou's supervisor called the police.
Officer Zhang, a policeman from Haiken Police Station of Haikou Public Security Bureau, went to the KTV in police uniform to perform official duties according to the instructions of the command center of Haikou Public Security Bureau. Officer Zhang walked to the door of the box and was blocked by Cao Rui. The afterglow rushed out of the box and kicked Zhang Peng's foot directly. Then, Cao Rui, Wei Ping, Xiong Shasha and others also came out of the box to contain and push Zhang police officer. Zhang Feng also lied that "the police beat people". After that, Zhang police officer broke free and retreated to the corner of the stairs on the second and third floors of the box, and was encircled by Cao Rui and others. Subsequently, Zhang police officer prepared to fire a warning shot to stop Cao Rui, Yu Hui and others from violently resisting the law. Cao Rui, Yu Hui and others still beat Zhang police officer and snatched the gun from his hand. Afterglow took the gun from Zhang after shooting. Later, Cao Rui and others fled, and Xiong Shasha gave the police officer's gun to the KTV front desk staff for safekeeping. After forensic identification, Cao Rui and others obstructed official duties, causing open injury to Zhang's left middle finger and multiple soft tissue contusions all over the body, which was a minor injury of Grade II.
2014165438+1On October 23rd, Cao Rui, Hui Yu, Pan Hu and Wei Ping surrendered themselves to Longhua Branch of Haikou Public Security Bureau. On the 25th of the same month, Xiong Shasha and Zhang Feng voluntarily surrendered themselves to Longhua Branch of Haikou Public Security Bureau. After prosecution by the People's Procuratorate of Longhua District, Haikou City, in July this year, the People's Court of Longhua District of Haikou City sentenced Cao Rui and other six people to fixed-term imprisonment ranging from 10 month to 1 year and 10 month respectively for the crime of obstructing official duties.
Case 3
Men hallucinate and beat their parents when they take drugs.
The police came to deal with him and chased him with a steel pipe.
2014 On the morning of September 15 10, a retired man in Xinbu Island, Haikou reported to the police that his son Hong (male, 34 years old, from Haikou) was taking drugs at home, and he was beaten after hallucinating.
After receiving the police, Yan and Wei Ying, policemen of Haikou Xinyi Island Border Police Station, came to Hongjia's home at the request of the elderly, trying to bring the flood to Hainan Anning Hospital for treatment. However, as soon as Hong saw the police enter the room, he picked up a steel pipe and attacked the police. When the police took out their batons, the emotional Hong suddenly waved his steel pipe and forced the police to leave the room. After that, Hong still chased the door with a steel pipe and threw wooden blocks at the police. Officer Yan's back was hit by wood and his skin was red and swollen.
Soon after, two other policemen arrived and subdued Hong. At present, the Meilan District Procuratorate of Haikou City has prosecuted Hong for allegedly obstructing official duties, and the case is still under trial.
Case 4
The young man drank too much and shouted.
The policeman was slapped in the face when he was enforcing the law.
Drunk Wang Wenze (male, 2 1 year-old, from Wanning, Hainan) slapped the policeman who came to call the police with a heavy slap. This slap, coupled with his violent resistance to the law, made him sentenced to six months in prison.
2015 65438+1October 18 at 2: 50 am, Lantian police station of Haikou Public Security Bureau received an alarm saying that there was trouble at the entrance of Haifu Road Provincial Meteorological Bureau, Lantian Road, Haikou City. It was Wang Wenze who caused the trouble. After he was drunk, he walked into a room under renovation next to the safety duty room of the Provincial Meteorological Bureau, shouting and refusing to come out, which affected others' rest. After the police entered the room, he showed Wang Wenze his identity as a policeman. Unexpectedly, Wang Wenze rushed over, shouted "Great Police" and slapped the police. After identification, the right face of the beaten policeman was swollen and the injury was minor. In the end, Wang Wenze, who hit people, was sentenced to six months' imprisonment.
Case 5
Illegal soliciting of electric vehicles was detained.
Beggars choke law enforcement officers.
After illegal soliciting by riding an electric car was stopped by traffic law enforcement officers, Fu Guangyi (male, 34 years old, Danzhou, Hainan) saw that the electric car was going to be pushed away. In desperation, he rushed over and grabbed the necks of two law enforcement officers. A few days ago, qiongshan district Procuratorate of Haikou filed a public prosecution against Fu Guangyi for obstructing official duties, and the case has entered the trial stage.
20 14,14/0/At 9 o'clock on October 28th, Captain Liang, a large team of Haikou Traffic, Port and Shipping Comprehensive Law Enforcement Detachment, led Wang and other law enforcement officers to investigate and deal with the illegal operation of electric vehicles at a traffic booth at the intersection of Fucheng East Street and Qiongzhou Avenue, and found Fu Guangyi who was illegally soliciting customers and stopped him. Subsequently, Wang informed Fu Guangyi of the Decision on Road Transport Evidence Grade Preservation and pushed the electric car to the parking lot. Fu Guangyi blocked the front of the car to prevent law enforcement officers from leaving, and rushed over and grabbed Captain He Liang's neck. After Fu Guangyi was pushed away, Captain Liang called the police.
Seeing Captain Liang calling the police, Fu Guangyi called his fellow villager Mai (released on bail pending trial) and rushed to the scene. Maimou went to the scene to make trouble, causing many people to watch and blocking traffic. After the police arrived at Haikou Wen Zhuang Police Station, Fu Guangyi and Mai were still unwilling to cooperate. When the police tried to take them away from the scene, they bit the police's arm, causing injuries and bleeding. After identification, Fu Guangyi suffered from mental disorder caused by epilepsy at the time of committing the crime in this case and had the ability to limit (limit) criminal responsibility.
Prosecutor's statement
Violent resistance to the law or leading to crime
Dissatisfaction with the results of law enforcement can be reflected through normal legal channels.
The crime of obstruction of official duties is an act of violence and threat to prevent the staff of state organs from performing their duties according to law. In recent years, violent attacks, threats and even injuries to administrative law enforcement personnel occur frequently and easily, which seriously hinders the social management order and affects the actual law enforcement effect. Haikou prosecutors analyzed these cases of obstruction of official duties. He pointed out that the current cases of obstruction of official duties in Haikou have the following characteristics:
1, judging from the subject and object of obstructing official duties, most of them are young men. For example, the Meilan District Procuratorate has handled five cases in recent years, with nine defendants all male, aged between 18 and 35. The object of violent resistance to the law is not limited to the public security police who enforce the law, and its scope is expanding to the staff of state organs such as urban management and traffic police who perform official duties according to law, all of which belong to violent obstruction in general administrative law enforcement.
2. In terms of behavior, the perpetrator of the crime of obstructing official duties resists management by means of violence or threat, which hinders the staff of state organs from performing their duties according to law. Among them, many cases are sudden and violent, and it is difficult for the staff performing their duties to predict the occurrence and development trend of such crimes, so they lack sufficient prevention and control capabilities.
3. Judging from the means of committing crimes, most of them are violent, which has caused different degrees of personal injury to law enforcers. Because most criminal suspects use violence to resist law enforcement, law enforcers are often hurt to varying degrees.
4. For reasons, some administrative counterparts have low cultural quality and weak legal concept. After violations are dealt with, they often indulge their words and deeds because of lack of subjective understanding of the nature of the incident, and try to resist law enforcement and vent their dissatisfaction through violent acts, so that some small incidents intensify into cases of obstructing official duties, and eventually violate the law and constitute a crime, which is severely punished by law.
In handling cases, prosecutors found that the suspects in such cases often have a legal blind spot in the crime of obstructing official duties and lack a fundamental understanding of the seriousness of resisting law enforcement, so once the behavior is extreme, it will develop into a crime. Criminal cases that interfere with official duties are extremely harmful to society. In order to curb and prevent the occurrence of such crimes, prosecutors suggest that everyone treat and cooperate with administrative law enforcement correctly. Even if you are not satisfied with the results, you can reflect and complain through normal legal channels, and cultivate a code of conduct that consciously abides by social order. They should not only understand and abide by the law, but also protect and support the law, so as to avoid negative views on law enforcement units and law enforcement personnel and even unwilling to cooperate with the work.