The Research On Police Defense Right

Police defense right is a special defense power which is different from other administrative power. The execution of any power, administrative power in particular must be based on the law in the age of nomocracy and right. Before the Criminal Law makes any stipulation on police’s right to self-defense, Such debates as whether police’s right to self-defense exists, whether it ought to exist, how and what similarities and difference compared with justifiable defense stipulated in the Criminal Law have become important topics in the circle of legal theory and law enforcement. On the one hand, the police are expected to embody the power of the law when they are enforcing the law. In the face of crime, the more violence the police employ, the safer the mass can feel. On the other hand, it when the police’s power expand or is abused, people will worry that the police will violate the legal rights of the actors so that people hope there is a strict supervision system on the police’s power, it has become an unavoidable issue in the process of building nomocratic society how we can improve cracking down on illegal and criminal activities and prevent the police who represent public authority from violating the legal personal rights at the same time, on the condition of safeguarding the police’s personal safety. Therefore, it is necessary to establish and complete the defense system of the police. The personal safety of the police are guaranteed when they perform their duties so that they are more motivated to crack down on illegal and criminal activities and the police’s power and their civil rights will be balanced. Otherwise, the deficiency of defense system will make the police afraid and unable to exercise police’s right to self-defense efficiently at the critical moment so that the police cannot effectively maintain the public order and people’s personal right and their rights of property cannot be protected effectively.However, the existing Criminal Law has only made stipulations on justifiable defense and act of rescue. There are no special stipulations on police, the special occupation. Only in Police Act and Regulations on the People’s Police Utilizing Police Arms and Weapons, there are fragmentary stipulations. And the focus of the theoretical circle is the legitimate action such as justifiable defense and act of rescue. Concerning police’s self-defense, there is little research. In view of the new social condition, police’s right to self-defense is gaining more importance. Therefore, theoretical research on police’s right to self-defense and then completing police’s defense system is quite urgent.The thesis attempts to explore police’s right to self-defense in the context of modern nomocracy based on the previous research results. By investigating the basic theories and characteristics of police’s right to self-defense, the similarities and difference between police’s defensive act and justifiable defense of ordinary citizens are discussed in the thesis and it is important to complete defense system. Furthermore, the thesis also probes how to build and complete police’s defense system in China by analyzing the legal systems of the current law and regulations aiming at the existing the deficiencies of the systems. The thesis can be divided into the following four parts:The first part introduces the definitions of police’s right to self-defense and several theories concerning the legitimacy of police defense system and makes a comparison among the theories.The second part analyzes the status quo of police’s defense system, including the current system in China and its deficiencies. There always are several problems when the police perform their duties combining case analysis. Meanwhile, provisions concerning police’s self-defense in the laws of other countries are introduced briefly.In the third part, the characteristics and components of police’s self-defense are introduced; similarities and differences between police’s defense and justifiable defense of ordinary citizen are stated and conditions of improper defense of the police and their legal responsibilities thereof are explained.In the last part, the author has put forward some suggestions in completing the police’s defense system in China from the perspectives of theory, legislation and practice by analyzing the importance of building and completing the police defense system and aiming at the shortcomings of the existing system.Police’s right to self-defense is the result of social development. It is widely recognized that police’s defense be brought into legal action which is the result of nomocratic progress. However, the building and completion of any system can never be accomplished in an action. For police’s defense system, people shall not expect quick gains. Theoretically, a scientific and unified cognition can provide a strong theoretical support for legislation. Systematically, a complete and clear system can lead to laws to abide by so that the police know how much power they possess and what responsibilities they shall bear. The police shall improve their professional skills in practice and abide by the laws so that police abusing power decrease. At the same time, it shall be prevented that the police injure or die in performing their duties in order to implement the police defense system effectively.