1. Can beating an auxiliary police officer be regarded as assaulting a police officer?
Not really.
1. First of all, "assisting the police" is generally not recognized as a policeman in criminal law, but treated as an ordinary individual;
2. Secondly, China's criminal law does not clearly stipulate the crime of assaulting a police officer. If you hit a policeman, you won't be guilty of assaulting a policeman. However, if you hit a policeman and cause minor injuries or more, you should still be investigated for criminal responsibility.
Second, what is the sentencing standard for assaulting a police officer?
Be sentenced to fixed-term imprisonment of not more than three years.
1. shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine.
2. Article 277 of the Criminal Law of People's Republic of China (PRC) * * * obstructs state functionaries from performing their duties according to law by violence or threats, and 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.
3. 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 given a heavier punishment in accordance with the provisions of the first paragraph.
I hope the above contents are helpful to you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 277 of the Criminal Law.
The crime of nuisance of official duties, which obstructs state functionaries from performing their duties according to law by violence or threats, 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 because of assaulting a police officer 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.