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为有效、正常的执行公务,国家机关工作人员就需要运用各种手段,严厉的惩治干预工作人员执行公务的行为。但是惩治也有一个度,对轻微违法行为惩治的过于严重或无罪惩处,不仅不能阻止犯罪,反而会引起人们的不满,可能会严重影响社会的稳定。笔者从事这方面工作有多年的经验,对此不良影响有过切身体会。鉴于此,本文从妨碍公务罪概念,基本特征和定罪标准这三个方面进行简要分析,希望能够帮助执法人员能够有效把握好执法的度,防止出现轻罪重罚和无罪惩处的现象,并以此来保障人们的合法权益,稳定社会秩序。
In order to carry out official duties effectively and normally, the staff of state organs need to use various means to severely punish those who interfere in the performance of official duties by staff members. However, there is also a degree of punishment. To punish those minor offenses with undue severity or innocent punishment not only can not stop the crime, but will cause people’s dissatisfaction and may seriously affect social stability. The author engaged in this work has many years of experience, have had personal experience of this adverse effects. In view of this, this article briefly analyzes the concept, basic characteristics and standards of conviction of impeding civil servants, hoping to help law enforcement officials to effectively grasp the degree of law enforcement and prevent the occurrence of minor crimes and innocent punishment. In order to protect people’s legitimate rights and interests and stabilize social order.