【文章內(nèi)容簡介】 認為本罪的對象,還有與執(zhí)行職務(wù)密切聯(lián)系的物品和財產(chǎn)也被認作是妨害行為的對象。本文最后對行為如何認定,涉及執(zhí)行行為的合法性認定問題,和適時性認定問題進行了細致分析和研究,文中結(jié)合典型案例評析,旨在給人留下深刻印象,更為清晰明確的論證觀點?，F(xiàn)行刑法中對妨害公務(wù)罪的規(guī)定雖然在一定時期內(nèi)能符合司法實踐的需求,但而今看來在很大程度上已經(jīng)滯后于社會的現(xiàn)實需要。筆者進行上述研究期望用立法或解釋的方式對妨害公務(wù)罪法條及內(nèi)涵予以完善以確保刑法的社會功能?！居⑽恼緾rime of against Public affairs in China is one kind of mon crime, because our country is being in the social transition period, and the contradiction is number of the case had the tendency which day by day is not conducive to constructing our country harmonious society and pleting the socialism country under the rule of 277th of Criminal law make a stipulation to punish the illegal activity which hindered the country management activity, the law came by 1979’s Criminal law, and was made the division and change, because of the brief and abstract sentence of clause, which forms the unified regulations with difficulty the understanding in reality and lead to several difficulties and confusion, The educational world already had a part of discussion and the theory to this crime, but not thorough careful, therefore the author prefers the inferior topic to conduct the research, in order to discuss this crime from objective aspect of the Crime of against Public affairs，consummate present criminal law to this crime’s stipulation, with the aim of solving the judicature to recognize the question difficultly, standard unification actual article elaborates the concept of the crime of against Public affairs first, elaborate the manifestation of concrete elaboration hindrance official business behavior, including violence and threat method..The article thorough analysis violence and threat meaning and how to understand their limit, then research “hindrance behavior” to criminal law 277th, The Crime of against Public affairs’behavior object only include the state personnel, the National People’s Congress and place all levels of the National People’s Congress represents, Red Cross staff these three kind of personnel in strict significance, the author thought that range extension to the person who is entrusted and Communist Party of China’s all levels of institutions or the laws and regulations authorization are engaged in official business, In the particular case mass autonomous organization’s and so on in the Residents’ mittee, villagers mittee staff performances of official functions may also regarded as this crime’s goods and the property with carried out duty close contacting also to recognize as the object hinderingthe this article carried the careful analysis and the research on how to recognize to the behavior that involves the question that carries out the behavior validity and the question with the the article unifies the illustrative case evaluation, is for the purpose of making the deep impression to the human, clearer explicit proof the present, criminal law to hinders official business crime’s stipulation, although meets the judicial practice demand in certain time internal energy, At the present looks like already lagged to a great extent in society’s realistic author carries on the above research expectation to consummate the hinders official business crime law and the connotation with legislative or the explanation way, in order to guarantee the social function of the criminal law.【關(guān)鍵詞】妨害公務(wù)罪 公務(wù)行為 客觀方面 暴力 威脅 公務(wù)的合法性【英文關(guān)鍵詞】crime of against Public affairs objective aspect violence threat legitimacy of behavior 【目錄】妨害公務(wù)罪客觀方面之研究34述89ABSTRACT45引言78摘要一、妨害公務(wù)罪的概(一)對暴力二、妨害公務(wù)行為的表現(xiàn)方式924之理解916的上下限1315對威脅手段的分析1618(二)(三)“妨害行為”的對象之分析192424