袭警罪和妨害公务罪的区分与理解适用  

Distinction and Understanding of the Application of the Offences of Assault on Police and Obstruction of Public Order

作　　者：胡韬相 

机构地区：[1]苏州大学王健法学院,江苏 苏州

出　　处：《社会科学前沿》2024年第4期172-179,共8页Advances in Social Sciences

摘　　要：袭警罪单独设立后,刑法理论普遍认为该罪是妨害公务罪的特别条款,但由于构成要件的差异,两罪应为交叉关系。两罪虽然同处于刑法第277条,但这一体系建构并不足以说明两罪特别与一般的关系。袭警罪的行为对象应当包含人民武装警察,袭警罪罪状中“正在执行职务”的范围较妨害公务罪更广,袭警罪应当为抽象危险犯,妨害公务罪为具体危险犯。When the offence of assaulting a police officer was established separately, criminal law theory generally considered it to be a special provision for the offence of obstruction of official duties, but because of the differences in the constituent elements, the two offences should have a cross-cutting relationship. Although the two offences are in the same article 277 of the Criminal Law, this system construction is not sufficient to explain the relationship between the two offences in particular and in general. The object of the offence of assaulting a police officer should include the People’s Armed Police Force, the scope of the offence of assaulting a police officer “in the performance of his duties” is broader than that of obstructing official business, and the offence of assaulting a police officer should be an abstract dangerous crime, while the offence of obstructing official business is a specific dangerous crime.

关 键 词：法条建构 行为对象 行为方式 危险性评价 

分 类 号：D92[政治法律—法学]