| General Secretary Xi Jinping emphasized on rule of law and administration by law, and called for simultaneous construction of law-based state, government and society in the fourth collective discussion and study of Politiburo of the Central Committee. Today, as the awareness of law of the public enhances, more demanding and stringent requirements are proposed to the administrative bodies and their public servants, i.e. taking into consideration of laws, the principle of proportionality and the concept of human rights protection, as a result, administrative measures that impose minimum harm to the citizens shall be used. The principle of proportionality embodies three sub-principles, namely, appropriateness (which requires that any administrative means employed could help realize or at least are instructive in achieving the goal), necessity (which requires that the administrative means bringing about minimum harm to the subjects shall be used among all qualified means, also referred to as "use proper means for certain purpose") and suitability (value or gain received through use of such means shall not be less than those of citizens that have been intervened).In recent years, problems arising with regard to use of weapons and firearms, which are exposed to the public focus. These cases give rise to challenges to the law enforcement regulations and practice, as well as stimulus to the progress of law. Competent authorities are supposed to strictly abide by laws, but comply with human rights, rules of law and other modern legal concepts. In actual enforcement of laws, the police tend to employ the effective laws and regulations, which are far from suffice to cope with new circumstances. The improper use of firearms and weapons cause severe social problems, which although conforms to the laws but are hardly accepted by the public.Although pertinent laws and regulations provide over the use of weapons and firearms, namely, Regulations on the Use of Weapons and Firearms by Police in the PRC (hereinafter referred to as Regulations), unnecessary and avoidable harm has been caused to the subjects in actual implementation of laws due to various factors. This paper explores the legal issues regarding the principle of proportionality based on actual cases, and put forward problems worth attention during the use of weapons and firearms in combination with offshore regulations and practice.Chapter 1 Problems. Firstly, updated cases on the use of weapons and firearms in China are listed so as to analyze issues relating to the principle of proportionality. Secondly, laws and regulations on the use of weapons and firearms are described and issues thereof analyzed.Chapter 2 Identification and handling rules of emergencies. Firstly, the concept and scope of the emergency are defined. Secondly, regulations on the use of weapons and firearms at home and abroad are illustrated. Thirdly, analyze how to comply with the principle of proportionality under emergencies.Chapters Regulations on and handling principles of warning procedures. Firstly, describe pertinent regulations on and practice of warning procedures in China. Secondly, list pertinent regulations on and practice of warning procedures abroad. Thirdly, analyze how to comply with the principle of proportionality for warning procedures.Chapter 4 Selection and requirements of parts of body for shooting. Firstly, describe pertinent regulations on and practice of parts of body for shooting in China. Secondly, list pertinent regulations on and practice of parts of body for shooting abroad. Thirdly, analyze how to comply with the principle of proportionality while shooting any parts of body.Chapter 5 Regulations and normalization of overuse of force. Firstly, describe overuse of force and practice thereof. Secondly, raise personal opinions on overuse of force.Chapter 6 Conclusions. Summarize theoretical regulations and practical lessons on use of weapons and firearms and put forward revealing problems and advice thereof. |
PDF Full Text Request