Research On Police 's Justifiable Defense

Justifiable defense is in order to protect the national and public benefits, or people’s person, property and other rights against the ongoing unlawful infringement, take or may cause damage to the unlawful infringe for stopping the unlawful infringement, with decree behavior and duty behavior belong to the illegal deterrent. Regulations on the police justifiable defense in China first appeared on September 14, 1983, "two senior department and three ministries" the specific provisions on the people’s policemen in performing duties of justifiable defense, named the police decree behavior and duty behavior in emergency as justifiable defense, and must be designated as an obligation. However, the police justifiable defense, justifiable defense, duty behavior, decree behavior are different while overlapping and cannot treat as the same, it be discussed unified or as a hypotaxis will make confuse on practice. Police justifiable defense is not a unified concept, the duty of the police to perform is uninterrupted as the identity of police. So the police justifiable defense is completely belong to duty behavior. In fact, the police cannot perform their duties all time, what should be distinguished. Whether the police performing their duties, means the police with different level of force, and the force to illegal infringer is different while carrying on different instruments and weapons. Based on the different view of the police or the police justifiable defense, the view of legislation is also different, some proposals put the police justifiable defense in the "criminal law" as a special provision; Some proposals make a complete specific legislation of police violence; Some proposals aim to integrate the legal rules about the police violence, in order to regulate that. Among them, the third point is to avoid the confuse of first view in laws and provisions, and not rashly legislation as the second view, but standing by the existing legal system through appropriate changes under the new situation. This article is start in the attributes of police justifiable defense and integrate again, analyze the legal basis under different conditions, expect to avoid the confusion of the police justifiable defense in legal basis and procedure.