Obstructing the executive duties refers to the act of obstructing the performance of personnel of state organs in accordance with the law and not yet criminal punishment. While most of the obstacles in performing their duties in the state organs and illegal suspects, to handle relatively difficult, improper handling new contradictions, such as easy to trigger a reconsideration litigation petition bring adverse effect to the work. So how do you deal with obstructing executive functions?

How to handle such cases correctly, the following points should be paid attention to:

1. Pay attention to the quality of the case

Administrative laws and regulations such as the law on the administration of public security and administrative law have no clear explanation for the subject of "national staff" of the object of obstruction, which can be explained by referring to the criminal law.

The penal code explains that "state staff" is: persons engaged in public service in state organs. State-owned companies, enterprises, institutions and persons who perform public service in the people's organizations and state organs, state-owned companies, enterprises and institutions to delegate to non-state-owned companies, enterprises, institutions, social organizations engaged in the discharge of official duties by staff members of state organs. In practice, it should be noted that the auxiliary personnel of the joint defense service are not members of state organs. The behavior of auxiliary personnel does not belong to the entrusted law enforcement behavior, but the law enforcement auxiliary behavior, its independent behavior does not constitute the executive position. But under the guidance of national office working personnel to participate in the activities of law enforcement, its behavior can be thought of as part of the national office working personnel position activities, hinder their behavior can constitute obstacles in performing duties.

"Method of carrying out their duties according to law" is a generalized method, including laws, regulations, rules and normative documents issued with a general binding force state organs, but does not include state organs only for their internal staff to establish rules and regulations. In addition, state law enforcement agencies can only exercise the power provided by the law, and beyond the enforcement of the law, the enforcement of duties does not constitute a hindrance to enforcement.

2. Pay attention to the issue of jurisdiction

When the handling unit of a public security organ is obstructed to carry out the duties, the unit shall not be avoided because the laws and regulations only stipulate the avoidance of the person. Therefore, the civilian police who have been obstructed to carry out their duties should be avoided and cannot participate in the investigation as investigators, and other civilian police in the same unit may conduct investigations. But from the Angle of fair law enforcement, and the working practice for many years, as in the case of conditions allow, handed over to the other units to deal with the case to the legal effect and social effect is better, after the handover can effectively prevent infringes upon the lawful rights and interests of the suspect.

3. Attention to behavior constitutes an illegal measure

Article 50 the second paragraph of article 50 of the law of the People's Republic of China on administrative penalties for public security shall "obstruct the personnel of state organs from performing their duties according to law". It is no longer illegal to refuse to perform the duty of duty, but it is not illegal to refuse, and it is illegal to take a positive rejection to obstruct the executive. For example, the door was locked during the inspection, and the suspect made excuses not to open the door, refused to check, and the suspect did not block the executive position; But the suspect saw the law enforcement officers checking the door and voluntarily locking the door and refusing to check it.

In addition, article 35 of the first paragraph of article 35 of the law of the people's police shall, in accordance with the provisions of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of paragraph 1 of the law of the People's Republic of China, give public security administration penalties for refusing or obstructing the people's police from performing their functions in accordance with the law.

(1) openly insulting the people's police who are performing their duties.

(2) obstructing the investigation and collection of evidence by the people's police.

(3) refusing or obstructing the people's police to carry out the pursuit, search and rescue of such tasks into the place of residence and place.

(4) deliberately obstructing police vehicles carrying out emergency tasks such as rescue, rescue, hunting and security. All four ACTS are obstructing the conduct of duty, and obstructing the people's police from carrying out their duties shall be given a heavier punishment.

4. Be aware of the implications

When obstructing the executive duties, the suspect sometimes carries out the ACTS of beating and vandalism. If the person who has beaten others and intentionally destroys the property is heavier, he or she will be able to deal with the person, intentionally damaging the property and obstructing the executive functions as the plot; If obstructing the performance of the duties, it will be considered as obstructing the execution of the functions by obstructing the execution of duties, beating others and intentionally damaging property.

2. What are the obstacles to the implementation of the duties?

1. The light of the plot, the premises warning;

2. If the circumstances are general, the penalty shall be 200 yuan;

If the circumstances are serious, according to the case, they shall be punished by three files: five days in detention, and a fine of two hundred yuan shall be imposed concurrently; For seven days, a fine of 200 to 500 yuan may be concurrently imposed; Ten days in detention, and may concurrently be fined 200 to 500 yuan;

4. Those who obstruct the people's police from performing their duties according to law shall be given a heavier punishment.

Any of the following circumstances, which obstruct the performance of duties by state functionaries in accordance with the law, constitutes a serious situation:

(1) to take the lead in obstructing the personnel of state organs from performing their duties according to law;

(2) obstructing the work of state organs from performing their duties according to law;

(3) to obstruct the personnel of state organs from performing their duties according to law to cause damage to the state, collective or individual property or to the bad effect;

(4) other serious circumstances.