Public security punishment for obstructing the execution of official duties

Refers to the acts of violence, threats or other means to hinder the staff of state organs from performing their duties according to law, and the administrative penalties for public security given according to law.

This kind of behavior not only violates the authority of state organs and the normal conduct of official duties, but also disturbs the social security order, so it must be punished by law.

I. Acts that hinder the performance of official duties

Acts that hinder the execution of official duties are usually manifested as violent resistance, obstruction, siege, abuse of state staff, or intentional damage to facilities, equipment, documents and materials required for the execution of official duties. These acts seriously interfere with the normal conduct of official business and damage the authority and credibility of state organs.

Two, hinder the execution of public security punishment measures

The public security organs will give corresponding public security penalties according to the specific circumstances for acts that hinder the execution of official duties. Punishment measures include warning, fine, administrative detention, etc. If the circumstances are serious enough to constitute a crime, criminal responsibility will be investigated according to law.

Third, the principle of punishment for obstructing the execution of official duties.

When the public security organs punish acts that hinder the execution of official duties, they will follow the principles of justice, fairness and openness and punish them according to law. At the same time, it will also pay attention to education and guidance to help actors realize their mistakes, correct bad behaviors and return to the right track of society.

To sum up:

Public security punishment for obstructing the execution of official duties is a sanction against acts that obstruct the staff of state organs from performing their duties according to law by violence, threats or other means. This kind of behavior seriously interferes with the normal conduct of official business and damages the authority and credibility of state organs. The public security organs will give corresponding public security penalties according to the specific circumstances, including warnings, fines and administrative detention. In the process of punishment, the public security organs will follow the principles of justice, fairness and openness, pay attention to education and guidance, and help the actors realize their mistakes and correct them.

Legal basis:

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 50 provides that:

One of the following acts, a warning or a fine of two hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:

(a) refusing to implement the decisions and orders issued by the people's government in an emergency;

Obstructing the staff of state organs from performing their duties according to law;

(3) obstructing the passage of fire engines, ambulances, engineering rescue vehicles, police cars and other vehicles performing emergency tasks;

(four) forcibly broke into the warning tape and the warning zone set up by the public security organs.

Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment.

Criminal law of the people's Republic of China

Article 277 stipulates that:

Whoever obstructs state functionaries from performing their duties according to law by violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.