Research On The Shooting Power Of The Police In China

Recently, due to the increase of criminal violent and terrorist activities, the demand of guns in the policing enforcement has been enhanced, and the issue of the shooting power of police has been a hotspot in China, even in the worldwide. The Ministry of Public Security has been enlarged the scope of carrying guns of the policemen in base units and loosen the limitation of shooting power. For the policemen, the proper and explicit shooting power can timely stop the criminal without hesitation, and protect the life and property safety of the citizens, also the public social order. Otherwise, the abuse of the shooting power would damage the life power of the innocent people. Therefore, regulating the shooting behavior and explicating the authority, the conditions and the procedure of the shooting of the policemen are very important, as to avoid the adverse social impact.This dissertation mainly researches the relevant legal issues of the shooting powers of the policemen. It firstly introduces the disputes and legal risk of the shooting power of the policemen. Secondly based on the legal basis of the shooting power, it analyzes the deficits of the current legal system. Thirdly combined the relevant legislation in the developed countries, it proposes the judgment criterion, the situations and the report system afterwards of the shooting power, as to improve the current legislation, and protect the public social order and citizen power better.Firstly, the paper focuses on the justice basis of the shooting power. It analyzes the importance of shooting power and its current problems. Then it explores the theoretical foundation of shooting power, as to justify the propriety of shooting in the policing enforcement, including the actual demands in enforcement, the legal authority theory, justifiable defense theory, and emergency actions theory.Secondly, the paper researches the current problem of using guns of police in China, and analyses the defects of relevant legislation, including the advance warning, the judge criterion of shooting, legal conditions of shooting, report and investigation system afterward etc., which are needed to be improved.Lastly, the paper focuses the improvement of the legislation of shooting power in China, for example, changing the enumerated model of legislation, guaranteeing the independent decide to shooting by police, paying attention to the psychological health of police after shooting, communicating with the public, proving the necessary legal advice and aid to the police for the possible legal risk etc.