Jiangsu major assault on police case: who protects the safety of police officers?
Compiled from: China News Service, People's Daily
Case review
According to a notice released by the New City Branch of Huai'an Court, at around 10 a.m. on July 6, a major police attack incident occurred in the Eco-Cultural Tourism Zone of Huai'an City, Jiangsu. Online wanted fugitives Ma Hongbing (male, 52, from the Eco-Cultural Tourism Zone of Huai'an City) and Ma Weibing (male, 56, from the Eco-Cultural Tourism Zone of Huai'an City) attacked with knives, seriously injuring a police officer and an auxiliary police officer, and then fled the scene. The injured police officer and auxiliary police officer were sent to the hospital, where they died despite rescue efforts.
At 6 p.m. on the same afternoon, the police discovered the whereabouts of suspects Ma Hongbing and Ma Weibing near the Shantou Community Market in the Economic and Technological Development Zone of Huai'an City. The police quickly launched a manhunt and intercepted the two suspects in front of a pharmacy by the roadside. During the arrest, suspect Ma Hongbing resisted arrest with a knife, and the police decisively fired to injure him, successfully apprehending both suspects.
According to reports, the suspect Ma Hongbing has been sentenced six times: three times for suspected rape, three times for suspected theft, once for suspected forced molestation, and once for suspected arson (among these, one case involved both arson and theft; another involved both rape and theft). The most recent sentence was in 2016 for forced molestation, with a prison term of four years, but Ma Hongbing had his sentence reduced by eight months in 2018 and was actually released on December 3, 2018.
Relevant legal provisions
Article 277 of the Criminal Law of the People's Republic of China
Anyone who obstructs state organ personnel from performing their duties according to law by means of violence or threats shall be sentenced to fixed-term imprisonment of up to three years, criminal detention, public surveillance, or a fine.
Those who use violence or threats to obstruct the representatives of the National People's Congress and the local people's congresses at all levels in performing their duties according to law shall be punished in accordance with the provisions of the preceding paragraph.
In the event of natural disasters and emergencies, anyone who obstructs Red Cross personnel from performing their duties according to the law by means of violence or threats shall be punished in accordance with the provisions of the first paragraph.
Intentionally obstructing the national security organs or public security organs in the lawful execution of national security work tasks, without using violence or threats, and causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Those who commit violent attacks on people's police officers performing their duties according to the law shall be punished more severely in accordance with the provisions of the first paragraph.
[1] The author's perspective
The author believes that society generally overemphasizes the duties, responsibilities, and selfless dedication of the police, while neglecting the protection of the police's law enforcement authority, which has a negative impact on the overall social environment for law enforcement. First, public security organs are very likely to become outlets for public dissatisfaction when handling mass security incidents; second, society's tolerance towards police officers is insufficient. Once mass incidents or security cases occur, the actions of the direct perpetrators are often easily understood and accepted, while the measures and methods lawfully taken by police officers in response to these incidents or cases are often not understood or supported, even leading to conflicts; third, relevant legislative work lags behind, weakening the deterrent effect on assaults against police officers. Therefore, the idea that the criminal law should provide special protection for police is also supported by criminal law doctrines and judicial practices around the world.
On January 10, 2020, the Ministry of Public Security held a press conference in Beijing. At the conference, the relevant officials of the Ministry of Public Security explained the necessity of formulating the 'Guiding Opinions on Legally Punishing Crimes of Attacking Police Officers' from five aspects: First, the need to safeguard the dignity of national laws and the authority of police enforcement; second, to better protect the legitimate rights and interests of the people; third, the need to protect the performance of special duties by the people's police; fourth, the need to effectively curb the frequent occurrence of attacks on police officers; fifth, the need to foster a good social atmosphere of abiding by the law.
The acts of lawbreakers daringly attacking the people's police not only increase the risks associated with the police profession, but also cause great panic in society, resulting in extremely adverse effects. The people's police stand on the front line of the 'battlefield' against unlawful crimes, and only by fully valuing and ensuring the safety and dignity of the people's police can the safety of the people and the stability of society become possible. Facing numerous incidents of attacks on police, we cannot help but ask, 'The people's police protect us, but who will protect our police?'
