Article 277 of the Criminal Law of People's Republic of China (PRC) is the crime of obstructing official duties and assaulting a police officer. As long as the criminal suspect commits the act of obstructing the staff of state organs from performing their duties according to law by violence or threat, it constitutes the crime of obstructing official duties and should be filed for prosecution. The conviction standard of the crime of assaulting a police officer is that as long as there is a violent attack on the people's police while performing official duties, it constitutes the crime of assaulting a police officer.
The constitutive elements of the crime of obstructing official duties are:
1, object element. The crime of obstructing official duties infringes on complex objects, in which the normal management activities of the state are its main objects, and the personal rights of state organs and Red Cross staff are its random objects. The object of the crime of obstructing official duties is the staff of state organs who are performing their duties according to law;
2. objective factors. Objectively, the crime of obstructing official duties is manifested in the following four situations:
(1) Acts of obstructing state functionaries from performing their duties according to law by means of violence or threats;
(2) obstructing deputies to people's congresses at all levels from performing their duties by violence or threats;
(three) in natural disasters and emergencies, the use of violence or threats to prevent the Red Cross staff from performing their duties according to law;
(4) Deliberately obstructing the state security organs and public security organs from performing the tasks of state security according to law, without resorting to violence or threats, but causing serious consequences.
3. Main elements. The subject of the crime of disrupting public service is the general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute the crime of disrupting public service;
4. Subjective factors. Subjectively, the crime of obstructing official duties is intentional, that is, knowing that the other party is a staff member of a state organ, a deputy to the National People's Congress, or a staff member of the Red Cross Society who is performing his duties according to law, he deliberately carries out violence and threats against him, making it impossible for him to perform his duties. Actors' motives are often varied.
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Legal basis: Article 30 of the Anti-Spy Law of the People's Republic of China obstructs the state security organs from performing their tasks according to law by violence or threats, and shall be investigated for criminal responsibility according to law. Whoever intentionally obstructs the state security organs from performing their tasks according to law and does not use violence or threats, thus causing serious consequences, shall be investigated for criminal responsibility according to law; If the circumstances are relatively minor, the state security organ shall impose administrative detention of not more than fifteen days.