妨害公务行为定性之探究——兼论《刑法》第277条的立法完善

司法实践中若干妨害公务行为在刑法认定上存在争议,因此应对《刑法》第277条进行修改完善。应将妨害公务罪的行为客体中人的要素界定为“正在依法从事公务的人员”,妨害公务罪的行为方式不应限于暴力、威胁,应增加“其他方法”的行为方式,应调整妨害公务罪的法定刑,以有效打击此类犯罪。

A Study on Classifying the Action of Disrupting Public Service——Also on Modification of the Article 277 in the Criminal Law

There are disputes in classifying the action of disrupting public service according to Criminal Law in real judiciary practice,therefore,Article No.277 in the existing Criminal Law should be modified.The element concerning the object of the action of disrupting public service is supposed to be defined as "personnel conducting public services according to law",the manner of the crime should not be limited to "violence,threat" and "other kinds of manner" should also be included.The legal punishment of the crime of disrupting public service should be adjusted in order to strike such kind of cases effectively.