暴力妨害非编人员执行公务之定罪辨析

妨害公务罪的危害本质在于干扰和破坏公务行为,执法人员是否具有公务员或事业编制的身份不能完全阻断本罪的适用,而应结合执法人员的职权、职责、执法名义等予以综合考虑,将非编人员纳入本罪的保护范围具有法理依据及现实基础。在把握公务执行保障与公务行为合法性的平衡中合理对待执法瑕疵,有利于法律效果和社会效果的实现。

Study on the Crime of Obstruction of Official Business of Non-permanent Staff by Violence

Hazardous nature of the crime of obstruction of official business is interference and sabotage of official acts. Whether law enforcement officer is civil servants or career preparation, it can not completely block the application of this crime. It should be combined with authority, responsibility, on behalf of law enforcement officers and other law enforcement. At the same time, it should be considered and it should be included in the scope of protection of non- permanent staff with a legal basis for this crime and realistic basis. We should grasp the legitimacy balance security and civil perform official acts in a reasonable law enforcement treat blemishes, and social effects in favor of the realization of the law.