Paragraph 5 of Article 277 of the Criminal Law adds the crime of attacking the police,which is one of the highlights of the Amendment to the Criminal Law (XI).The addition of the crime of attacking police has not only timely responded to the reality of the increasing number of crime cases of assaulting police in recent years and the call to severely punish the crime of assaulting police,but also provided a sufficient normative basis for punishing violent assault on police in accordance with the law,which helps to protect the law enforcement authority and personal rights and interests of the people's police.Before the Amendment to the Criminal Law (XI),violent attacks on police were mainly regulated by the crime of obstructing official duties.The Amendment to the Criminal Law (XI) configures independent statutory punishment for violent attacks on police in the paragraph 5 of Article 277 of the Criminal Law,which means that the regulation of violent attacks on police is officially adjusted from the mode of heavier punishment according to the crime of obstructing official duties to the mode of independent regulation on the crime of attacking on police.In this context,how to correctly understand and apply the crime of attacking police in judicial practice,so that the legislative purpose behind the norms can be truly realized in practice,is the most urgent and important research topic at present.Based on the constitutive elements of the crime of attacking police,attention should be paid to the specific understanding and application of the crime of attacking police.Its behavior,"violent attacking",should highlight personal factors and should be interpreted as physical force imposed on the police who perform duties according to law,which includes both direct violence and indirect violence,but do not include violence not against police personal and "soft violence".The object of the action,"the people's police",cannot be interpreted simply by the meaning of the text or mechanically pursuing the unity of law and order divorced from the legislative purpose,it should be identified from the perspective of position rather than identity based on the current police's law enforcement practice,and in addition to police with formal establishment,auxiliary personnel exercising the power of police should also belong to the "people's police" category.The restriction condition "performing duties in accordance with the law" should be properly interpreted from the perspective of more conducive to the protection of the police's law enforcement authority and personal safety,and the state that is closely related to the performance of duties should also be identified as "performing duties in accordance with the law".The conditions for aggravating punishment need to identify the backstop measure by the same kind of interpretation principle,and be constricted substantially from the point whether it seriously endangers personal safety.After the crime of attacking police is separated from the crime of obstructing official duties,how to correctly understand the relationship between the two is also key to correctly handle the case of attacking police violently.From the point of legislative purpose and constitutive elements,the relationship between the newly added crime of attacking police and the crime of obstructing official duties is concurrence of articles,and should be handled in accordance with the rule of special clause (Article 277 (5) of Criminal Law) over general clause (Article 277 (1) of Criminal Law).In addition,during a violent attack on police,those who rob or seize the guns,ammunition and explosives worn by the police,resulting in casualties of the police or endangering public security,may also violate the crime of intentional injury,intentional homicide and robbery of guns,ammunition and explosives,etc.,shall be dealt with according to the rules of imagined concurrence from a felony according to the specific situation.