Obstruction of public duty in China

In China jurisdictions, obstruction of public duty (Mainland China & Taiwan: 妨害公务 (fánghài gōngwù), Hong Kong & Macau: 阻差辦公 (zóu chà baan gung)) generally refers to any act that hinders public officers from performing their duties. This includes using violence or intimidation against public officers who are on duty, or insulting public officers, government agencies, etc. It is generally considered a crime.

Criminal Code of the Republic of China

Chapter 5 Offenses Against Public Authority of the Criminal Code of the Republic of China:

• Article 135: Offense of Obstructing the Performance of Duties
• Article 136: Offense of Assembling a Crowd to Obstruct the Performance of Duties
• Article 137: Offense of Obstructing Examinations
• Article 138: Offense of Damaging Public Documents and Public Property
• Article 139: Offense of Damaging Seals and Disobeying Orders
• Article 140: Offense of Insulting Public Officials
• Article 141: Offense of Damaging Proclamations

The premise of the crime of obstructing official duties is that a public servant is lawfully executing their duties. If law enforcement officers themselves are acting illegally in their enforcement, then this crime will not be constituted.

See also

• Criminal law