Although the auxiliary police do not have the identity of the staff of state organs, their behavior of assisting the police in law enforcement belongs to official behavior. In essence, anyone who obstructs the smooth progress of official activities may be suspected of this crime. The law enforcement behavior of auxiliary police belongs to official activities and needs criminal law protection. Beating the auxiliary police may involve other related crimes besides the crime of obstructing official duties, depending on the nature and circumstances of the crime. Here are some possible charges:
1. Crime of intentional injury: If the act of beating the auxiliary police causes harm to their health or life, it may constitute the crime of intentional injury. According to the Criminal Law of People's Republic of China (PRC), the crime of intentional injury can generally be given a lighter punishment, and the sentence depends on the severity of the injury;
2. Crime of gathering people to disturb social order: If the act of beating the auxiliary police is a collective act of a group of people and seriously disturbs social order, it may constitute the crime of gathering people to disturb social order. According to the Criminal Law of People's Republic of China (PRC), the crime of gathering people to disturb social order can be punished, and the term of imprisonment depends on the seriousness of the case;
3. Crime of assaulting a police officer by violence: If the act of beating an auxiliary police officer is a violent attack on law enforcement personnel, it may constitute a crime of assaulting a police officer by violence. According to the provisions of the Criminal Law of People's Republic of China (PRC), the penalty for violent assaulting a police officer is generally heavier, and the specific sentence depends on the seriousness of the case.
The trial process of the crime of disrupting public service generally includes the following steps:
1. Filing a case: When the police or relevant authorities receive reports of obstruction of official duties or find relevant behaviors, they will file an investigation. Those who are initially found to be suspected of nuisance of official duties shall be placed on file for further investigation;
2. Investigation stage: During the investigation stage, the police or relevant authorities will investigate and collect evidence, including on-site investigation, questioning the persons involved and collecting material evidence. They may also have conversations, investigation records and other necessary investigation activities with relevant personnel;
3. Initiate public prosecution: After the investigation stage, the procuratorial organ will review the case and decide whether to initiate public prosecution. If the suspect is found guilty, the procuratorate will file a public prosecution with the court;
4. Trial in court: Once the case is accepted by the court, it will be heard in court. During the trial, the plaintiff, defendant and their defense lawyers will present evidence, state their opinions, and conduct cross-examination and debate. The court will judge according to the legal provisions and the sufficiency of evidence;
5. Judgment: After the trial, the court will make a judgment. The court will judge whether the defendant has committed the crime of obstructing official duties according to the evidence and legal provisions, and make corresponding judgments according to the circumstances and relevant legal provisions.
To sum up, beating the auxiliary police is a personal attack on police officers. If it constitutes serious injury, it directly constitutes the crime of intentional injury; If the injury is not serious, it constitutes a crime of nuisance of official duties. Auxiliary police refers to the personnel who are funded by the government, employed by the public security organs through written examination, interview, political examination and physical examination, and establish labor relations with them, and engage in police auxiliary work under the command and supervision of the public security organs and their people's police.
Legal basis:
Article 277 of the Criminal Law of People's Republic of China (PRC)
Whoever attacks a police officer who obstructs a state functionary from performing his duties according to law by violence or threat shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Whoever obstructs deputies to the National People's Congress and local people's congresses at various levels from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the preceding paragraph.
In natural disasters and emergencies, those who obstruct Red Cross staff from performing their duties according to law by violence or threats shall be punished in accordance with the provisions of the first paragraph.
Whoever intentionally obstructs a state security organ or a public security organ from performing the tasks of state security according to law without resorting to violence or threats and causing serious consequences shall be punished in accordance with the provisions of the first paragraph.
Whoever violently attacks the people's police who perform their duties according to law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; Whoever causes accidents by using guns, controlled knives or driving a motor vehicle, which seriously endangers personal safety, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.