Research On Legal Problems Of The Police Use Of Firearms

In recent years, with the fear of violence at home and abroad frequent occurrence, the "armed police" is no longer a strange phenomenon to the public, and the attention focused more and more on the necessity and regulatory of the armed police issue.In the current situation, only balance the relationship between the authority and civil rights protection, regulate the system of police armed with guns, can police officers protect people’s rights in a more precise way with the use of the violent tools in the police’s hands, thus easing the panic and fears brought about by the national security upgrade and the need of society stability.Police is a symbol of the country’s violence authorities, which is vital in maintaining national harmony and stability. In China, the police take on a lot social functions, play a variety of roles, such as protecting national security and maintaining social order and normal operation to protect the legitimate rights of citizens, preventing, combating and punishing illegal and criminal activities. It is clarified China’s "public security organs Organization Management Regulations", the nature of the people’s Armed Police is the national security forces and criminal justice administrative power. And it is born with the nature of violence. Therefore, its statutory functions inevitably contain the legitimacy of using arms. But in practice, taking arms to the law is not the same as using arms to the law. Currently, the conflicts between police’s public power and private civil rights escalates time by time, it is of far-reaching significance to the long-term stability of a country to coordinate the relationship between the two parties, and maintain the balance basis point between protecting public safety and police using arms. Although China has issued relevant legal provisions governing police gun, but in practice, the police’s using of arms still will threat the right of citizens to health, and even the right to life. Public reacted strongly to this phenomenon. This paper will first explore the theory of the police use of firearms laws and regulations, and then from the perspective of a small glimpse of the big cases, analysis the difference between the system of inside and outside of our country, to strive for more comprehensive legal system, and find the root of the problem, propose solutions. We try to improve relevant laws and regulations, to fill the remaining legal gaps, and make the regulatory more operational.