Judicial Determination of the Objective Elements of the Crime of Assaulting Police Officers—An Empirical Analysis Based on 274 Judicial Documents

袭警罪作为《刑法修正案(十一)》的新增罪名一直备受关注，但在司法认定中尚且存在诸多问题。从客观要件的角度出发，通过梳理与袭警罪有关的最新的具有代表性的裁判文书，明确司法认定中客观要件存在行为方式界定不明、行为对象认定不一、限制条件认定困难等问题，并提出针对性建议：关于行为方式，“暴力”的范围应包括人民警察以及与人民警察人身关系紧密的物、不应当包括“暴力威胁”，“袭击”应具备突然性的特点；关于行为对象，“人民警察”的认定应坚持职务论，不应局限于《人民警察法》的规定；关于限制条件，“正在”应坚持文义解释，“依法执行职务”要求人民警察的行为既符合实体法的规定也符合程序法的规定。As a newly added charge in the Eleventh Amendment to the Criminal Law, the crime of assaulting police officers has always attracted significant attention, yet numerous issues persist in its judicial determination. From the perspective of objective elements, this paper systematically analyzes the latest representative judicial documents related to the crime of assaulting police officers, identifying problems in judicial determination of objective elements, such as unclear definition of conduct patterns, inconsistent identification of conduct objects, and difficulties in determining restrictive conditions, and puts forward targeted suggestions: Regarding conduct modes, the scope of “violence” should include people’s police and objects closely related to the personal safety of people’s police, and should not include “violent threats”; “assault” should have the characteristic of suddenness. Regarding conduct objects, the identification of “people’s police” should adhere to the duty theory and should not be limited to the provisions of the People’s Police Law. Regarding restrictive conditions, “ongoing” should be interpreted in its literal meaning, and “performing duties according to law” requires that the acts of people’s police comply with both the provisions of substantive law and procedural law.