Does beating an auxiliary police officer count as assaulting a police officer

A police assistant who is attacked by violence while working alone does not constitute the crime of assaulting a police officer. However, when the auxiliary police and the police jointly enforce the law, whether it is a separate infringement or a joint infringement, it constitutes a crime of assaulting a police officer.

According to the general principles of criminal law, the "people's police" stipulated in the crime of assaulting police should be consistent with the People's Police Law as the former law. Combined with the Opinions on Standardizing the Management of Police Auxiliary Personnel in Public Security Organs, police auxiliary personnel refer to those who are recruited according to law and managed and used by public security organs and do not have the status of people's police. It mainly includes civilian and auxiliary police personnel engaged in police auxiliary work. The recruitment of logistics service personnel, social volunteers and other social security auxiliary forces engaged in catering, cleaning and security by public security organs is not included in the management scope of police auxiliary personnel of public security organs. Police auxiliary personnel do not have the qualification of law enforcement subject and cannot directly participate in public security law enforcement. Carry out auxiliary work under the command and supervision of the public security police. Police auxiliary personnel are protected by law in performing their official duties in accordance with these measures, and the relevant units and individuals shall cooperate with them, and the relevant legal consequences shall be borne by the public security organs. Auxiliary police officers shall be issued with uniform work permits and clothing. Work certificates, clothing styles and signs shall be determined by the provincial public security organs. The work permits, clothing styles and signs of police assistants should be different from those of the people's police.

The auxiliary work carried out by police auxiliary personnel under the management and supervision of the police is an appendage of police law enforcement. The concept of "law enforcement" should be used to judge the category of "people's police on duty", and police auxiliary personnel should not be excluded mechanically. Usually, the crime of assaulting a police officer is random and accidental, and the perpetrator does not make a rational distinction when carrying out violent attacks, which leads to the police and police assistants in the same dangerous situation. If the legal protection is treated differently only because of the lack of specific identity or establishment, it is not in line with the legislative purpose and protection interests of the crime of assaulting a police officer to artificially divide the whole law enforcement into law enforcement individuals with different identities.

legal ground

People's Republic of China (PRC) Public Security Administration Punishment Law

Fiftieth one of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

1, refusing to implement the decisions and orders issued by the people's government in an emergency.

2, hinder the staff of state organs to perform their duties according to law.

3, hinder the implementation of emergency tasks of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles.

4, forcibly rushed into the public security organs set up in warning tape, warning zone.

5, hinder the people's police to perform their duties according to law, shall be given a heavier punishment.