A Study On Police Position Defense Right Of Our Country

Police position defense right is essentially refers to the law to give the police carrying out their duties according to law in the process of utilizing the means such as instruments or weapons against unlawful infringement、opposing behaviors or to prosecute illegal crime needs to implement the necessary limit behavior of the power. Police position defense right research and development mainly appeared in the right of police emergency theory、law or behavior theory and mixing theory, however, our current laws and regulations adopted in law or behavior theory as the police officers said defense right legislation guiding ideology, in accordance with the theory of behavior that guide specification of police defense right position on the legal nature of performance as the legitimacy of legislation, law enforcement on the particularity, the legitimacy of the judicial and social law benefit balance. Although the existing laws and regulations of the police post regulation about the right of defense said law or behavior theory of universal recognition, but the rule of law principle, the system is not sound caused by the police post defense right legal system is imperfect, leading to the laws and regulations of the police post defense right confirm evaluation appear confused, therefore improve the establishment of the police post defense right conditions, legal liability and protect the relief mechanism and legal system to the police office defense right and the protection of citizens’ personal property rights is of great significance, and through the police post defense right value demands the perfection of legal system of realization of human rights protection under the balance of police power and civil rights.