A Study On The Legal System Of Police Weapon Use In China

In today’s world,the police or the police department is essential to any country. The use of weapons in accordance with the law is a special power and an important means of the police or the police department.Due to the impact of the different history, culture, legal traditions, and the reality of social conditions and other factors, the use of police weapons awareness of the problem and the law of different countries (regions) is not the same. Discussing the norms of the powers of police weapons use, in essence, is an understanding of the relationship between the police power and civil rights. In this paper, the principle of balance, that is, in the building of the weapons and the right to use the legal system to co-ordinate the maintenance and the protection of the basic human rights of citizens to consider the social and public interests. In China, the provisions on police use of weapons scattered among the different levels of many laws, regulations.The provisions of the obligation and the right relief program needs to be improved. Also some of the unlawful use of weapons by the police caused the event of violations of civil rights and affected the legal order.In this paper, for the police to use the weapons and the legal system has been the lack of status quo, and put forward the proposal to use the weapons and the perfection of the legal system for our police.This paper is divided into four chapters.The first chapter is an introduction, to "police","weapon" and other basic concepts were introduced, and the related definition and content of police rights are summarized. This section also describes the evolution of police use of weapons system.The second chapter discusses the theoretical basis of the use of police weapons. This chapter describes the needs of the police use of weapons and police the dangers of improper use of weapons, Then discussed the legal nature of the police use of weapons. Subsequently police weapons use rights and the legitimate rights and interests of citizens directly balance relations discourse, thus deriving necessary to correctly handle the relationship between the two, in order to achieve dynamic calm of the police power and civil rights.The third chapter is the comparison of the use of the legal system of the foreign police weapons. Mainly the situation in Hong Kong, police use of weapons systems in Germany, the United States, Japan, Hong Kong and other countries and regions, and then provide useful experience for the improvement of our police use of weapons system.Chapter Ⅳ discusses the legal system of police use of weapons and the deficiencies in the system,and then puts forward specific suggestions for improvement. At the same time,this Chapter combines the related system of foreign countries and from the legal practice are proposed for Chinese police weapon system to perfect related suggestions and measures.