The Study In Problem Of The Police Use Firearms

In any countries, the police is bearing public security administration , is defending public security order and taking precautions against , investigating criminal offenses, it is indispensable as the functions and powers of the state' important component. Be compared with each other administration authority , police rights has more force character , it maybe deprive citizens' property right and other rights of civil, it is also have more expansible , expand nature than other administration authority, but the authority is given by the country, and the rights of the police should be limited , the police enforces the law must observe enforcing the law according to law principle, organization of police must defer to the legal procedure to exercise its authority. Theoretically speaking, the police and the rights of citizens actually become the inverse proportion relations under the certain condition, when the police power is expanding means the civil rights is reduction, the police power abuses causes the civil rights vanished. Using firearms is the extreme and severe forces in the police authority, only in certain conditions can be used, for example, health emergency case. Because once the police use the firearms to force the relative person to obey police's order, there may be wound or dead. So, when the police use the firearms, it not only affects the crime suspect, but also the citizen's right who is in the scene. Then, how to resolve this problems, on the one hand ,can protect national security, the social order, the citizen's personal safety, the personal freedom and the legal entity, on the other hand, prevent the criminal activities, thus the balanced various aspects benefit, becomes the question which needs to discuss. The various countries has various principles on the police authority, but at present our country have no this principle. In practice, the existing stipulation was often considered difficulty to operating, but the realistic condition requests the police to have suitably to use the firearms, so we should consummate the relevant regulations, and enable it adapt our national condition. We also can learn the experience of other countries and the HongKong and so on. On this foundation, we can established our own principle. Thus, it will be the advancement government by law reform advancement, and a better foundations for our harmonious society.