Research On The Shot Dead On The Spot

Shot dead on the spot refers to the behavior which the police are forced to use lethal weapons to fire the suspect after invalid advertise and warning, while the suspect are doing illegal things. Although the slogan has a long history, the theoretical research and judicial practice about shot dead on the spot are not optimistic. In China, the implementation of shot dead on the spot merely based on "People's Police Law" and" Chinese People's Police use of police equipment and weapons regulations" on "the use of weapons"and there are no the relevant provisions of the law to explain it,and procedures for its implementation is only determined by the field commanders. It did not form a complete set of operational procedures, which also resulted in continue occur of the killed inapproriately on the spot.On the foundation of analysis of the concept and the characteristic of shot dead on the sopt,the article expresses view to its nature's dispute. It takes the present situation and existence questions in our country as the main line, and borrow from the related stipulation in other countries, linking to our country reality, with comparison and system analysis research methods, it proposes the rules and regulations of our country to shot dead on the spot to solve practical problems.There are five parts of this article ,including the introduction. The main text has about 22,000 characters.The introduction part drew out two opposite attitudes towards shot dead on the spot or not. It analyses the origin reasons of the dispute from the slogan display. Meanwhile, it has pointed out that the theory of shot dead on the spot contains many worthy questions and many problems for solving in practice, thus enables the research of shot dead on the spot to have certain theoretical and practical value.The first part of this text introduces the basic content of shot dead on the spot. Firstly, explains the definition of shot dead on the spot, and briefly analyses the features.Secondly, discusses the current scientific theory about the controversial properties of shot dead on the spot, and puts forward the views of the author; Finally, summarizes the positive assessment and implementation of negative evaluation of the shot dead on the spot behavior by the dialectical analysis method, thus points out the positive significance and negative influences.The second part mainly discuses the shot dead on the spot in China's present situation and the existing questions. Based on the rules and the concrete operation flow in some places, summarizes the defects in the substantive and procedural aspects for our country,and has laid a solid foundation for our country with perfect the regulation of shot dead on the spot.The third part investigates the United Nations Standards in Criminal Justice on the provisions of the use of weapons,foreign representative countries and regions in our country about using weapons system model and legislation. Mainly take the UK-US legal system's US and our country Hong Kong area as well as mainland legal system's Germany and Japan as the main source, in the analysis various countries related use weapon stipulation's foundation, induces four principles in the implementation of shot dead on the spot, thus establishes the suitable principles to provide has used for reference.The fourth part is the core part of the article, in the analysis the legislative and the law enforcement present situation's foundation, proposes to perfect the regulation conception of the shot dead on the spot. On the one hand,there must be in the legislation gives in the entity to consummate, not only need be clear about it to be suitable the principle and to be suitable the object, moreover must construct the judicial review and the judicial relief system, realizes the macroscopic environment progress; On the other hand ,must be in the law enforcement gives in the procedure to regulate, according to controls the spot, to console, the warning, the uniform four procedure implementations to shot dead on the spot, realizes microscopic structure fair.