Discussing On Police Position Conduct Of Justification For Inhibition Of Crime

As everyone knows, the power will inevitably lead to corruption, absolute power will inevitably lead to absolute corruption. In a sense, the progress of human society is to restrict the power. A legal state is a state of limiting the power. Restricting the public power is the human eternal topic. Police maintains a national daily order, is the strong power on behalf of the public power, therefore it is necessary to be regulated. The police position conduct has always been considered to be the justification for inhibition of crime, perhaps because of this, scholars think police position conduct resistance crime is a matter of course, to fresh people consider how to deal with improper or excessive police position conduct. At the same time, our Criminal Law does not provide for position conduct, which lead to position conduct is almost forgotten by the people. However the shortage of the theory is difficult to cope with the demand of the reality, media repeated exposure police position conduct which has various problems, based on the current judicial situation. It is necessary to research police position conduct.Definition and classification of police position conduct in Chapter 1. Academic has different definition of police position conduct, but there is no substantive differences. Police position conduct should is a neutral concept, otherwise we will can’t give a right definition when we face improper or excessive police position conduct. Academia will generally divide position conduct into in accordance with the act and executive order behavior, in addition, this paper will also provide a classification which includes the related position conduct of the property rights of citizens and personal rights.The second chapter studies the basis of police position conduct negating the crime. The criminal law theory of Germany and Japan about the illegal resistance have different ideas, such as purpose theory, the theory of social worthiness and law benefits measurement. Our general criminal law theory said that the reasons to remove criminality is in accordance with the constitution of a crime apparently, but essentially do not have harm to society. In addition our general criminal law theory also exist secondary illegality theory and the unified theory of law and order which learn form criminal law theory of Germany and Japan. This paper argues that the criminal law of Germany and Japan and our country criminal law does not conflict, they are the relationships between form and substance. Our secondary illegality theory and general criminal law theory just explain apparently why position conduct negates the crime, but law benefits measurement can explain deep the reasons. These theory run parallel.The third chapter studies elements of police position conduct negates the crime. It includes subjective and objective. Objective elements include subject legality, basis legality, procedure legality, limit legality and so on; subjective element refers police implement position conduct with the meaning of position conduct, the problem is similar to justifiable defense. This paper demonstrates the justifiable defense need defense thought, so police position conduct need to have the subjective thought.The fourth chapter discusses the relationship between police position conduct and justifiable defense. The majority of foreign criminal legislation or theory make a distinction between them. Our Criminal Law does not set position conduct, to the relation of the two, there are different views on it. There is a idea that the police behavior of stopping criminal is justifiable defense, there is also a view that the two can not be equated. In this paper, we consider that the police position conduct and the justifiable defense are different in nature, implementation conditions, methods and procedures, the limits and obligations and so on,so they cannot be confused. But the police position conduct of stopping criminal and the justifiable defense are possible concurrence, at this time we should adopt the principle of the special law is superior to common law, still apply Police Law and other special laws.The fifth chapter studies how to deal with improper police position conduct. The police position conduct for the infringement of citizens’ personal rights and property rights, constitute crime or unlawful acts according to the specific circumstances. In addition, in addition to the above types of research, this paper selects some typical improper conduct of the police position conduct from the perspective of other classification of police position conduct, such as auxiliary police implementing the police position conduct, police position conduct of legitimate basis, police position conduct of cognition mistakes, negative police position conduct and so on.