論襲警罪之“暴力襲擊”

On Violence of Assaulting a Police Officer

襲警罪之“暴力襲擊”，以人民警察為對象，不包括輔警，限於對警察人身實施的直接暴力。暴力襲擊的文義是暴力打擊，暴力要素主要表現為但並不限於突然性暴力，突然性及更具體的瞬時性、意外性不構成對暴力要素的消極限制。暴力襲擊是強有力的暴力行為，以妨害、阻礙而不是阻止警察依法執行職務為必要。因此，襲警罪既不是具體危險犯，也不是抽象危險犯，而是伴隨著阻礙、妨害警察依法執行職務之損害結果的行為犯。當然，暴力行為與損害結果，雖然在觀念上是可分的，但在具體認定襲警罪時是相輔相成、不可分割的。

The violence of assaulting a police officer is aimed at the people’s police, excluding auxiliary police officers, and is limited to direct violence against the police officers. The literal meaning of violence is violent assault, and the elements of violence are mainly manifested in but not limited to sudden assault. Suddenness, and more specifically instantaneity and contingency do not constitute negative constraints on elements of violence. Violent assaults are powerful acts of violence that are necessary to hinder, but not prevent, police officers from performing their duties in accordance with the law. Therefore, the crime of assaulting a police officer is neither a specific dangerous crime nor an abstract dangerous crime, but a conduct crime arising from the damage result of obstructing or hindering the police from performing their duties according to law. Of course, although violent behavior and damage results are conceptually separable, they are complementary and inseparable when specifically determining the crime of assaulting a police officer.