On The Exercise Of Police Law Negates The Subject Of Right Of Defense

Police defense right is an obligation of duty, rather than the right, because of the similarity of its nature and self-defense,as well as the legal gap of elimination o f illegality in criminal law.Thus, in judicial practice is believed police defense right of self-defense. However, the police classified as a self-defense defense power generated will make many problems in the exercise of the process, is not conducive to the police to perform their duties according to law. In addition, due to the imperfections of police defense power system, so that the police cannot clear what measures to take to stop the abuse in the exercise of defense right process, that some police use of firearms due to errors caused casualties leaving themselves subject to legal sanctions; the use of loopholes in the system and some policemen even favoritism elixir. Based on these issues, this paper aims through judicial practice real case- Police shot and killed in Yunnan Shigeo side of a case, a clear case of disputed points. Through the analysis of the legal dispute points, clear the nature of police Defending Rights. By analyzing the deficiencies of the existing defense power system, the author put forward their own views and opinions in order to correctly grasp the judicial practice and regulate the exercise of police Defending Rights and to prevent improper use of firearms.The full text is divided into five parts, about 19,000 words.The first and second part of the presentation is the focus of the case and controversy.The third part is the legal analysis, which is a difficulty in this article. Firstly, in order to secure the crime of endangering public judgment difficulties, namely understanding and "other dangerous means" judgment "public safety", so in order to act on a later China made an accurate judgment. Secondly, by introducing the subject of law negates the relevant content, and to compare the police and defense right of self-defense, defense power is vested in the police clearly conducive to the conduct of a police Yunnan analysis.The fourth part is an analysis of the whole case to the legal basis of the third part of the analysis, the analysis of a case and the Chinese police behavior; I draw your own conclusions. Police shot and killed a behavioral side, although belonging to conduct their duties in accordance with law, but the exercise has been improper behavior, should be held criminally responsible, but taking into account the behavior of the entire side of a case in the presence of a great fault, and therefore the behavior of police negligence would be reduced accordingly, may not be considered a crime, but it still should be given administrative sanctions.The fifth part is the most important part of the full text of this part, the author analyzes the existing system by the police Defend Rights of pros and cons, the author put forward their views and suggestions. Conducive to resolving the scope Defend Rights exercised during the grasp and norms gun and other issues.