Research On The Defense Right Of Police

Police Defend Power by Duty refers to the police right of suppressing unlawful infringements under the law.When they are threatened by unlawful infringements,the police can use firearms or firearms and other weapons to protect national interests,public interests and the interests of the masses and their own interests in performing duties.The Police Defend Power by Duty has many features,including particularity of the body,the relevance between defense and duty of police,limitation of defense limits and particularity of defense mechanism.Its theoretical basis has three theories dispute,including police emergency powers theory,legal act theory and hybrid theory.As the theoretical basis,legal act theory is more reasonable.Because of the differences of such factors as economic development,political and historical background,different countries have its own legislation about Police Defend Power by Duty.Civil law countries generally tend to distinguish police defense during their official duty from general justifiable defense.Police defense is labeled as duty behavior or legal act.Police Defend Power by Duty is legally defined by using specialized regulations or professional regulations.This regulation fully shows public power of Police Defend Power by Duty during performing the duties.Most common law countries tend to bring Police Defend Power by Duty into citizen justifiable defense system,because of the influence of historical and cultural traditions and legal environment.For the provisions of Police Defend Power by Duty is mainly scattered in People's Police Law of PRC,Chinese People's Police Regulations on the Use of Police Instruments and Weapons and Specific Provisions on Justifiable Defense of People's Police in Performing Their Duties jointly issued by Supreme People's Court,the Supreme People's Procuratorate,Ministry of Public Security,Ministry of State Security and Ministry of Justice.There are many problems about Police Defend Power by Duty in China,including low applicable law level,old applicable law,unsound legal system and undefined legal nature and prerequisite conditions.Therefore,Police Defend Power by Duty in China needs to be improved in legal regulations.Perfecting the legislation of Police Defend Power by Duty contributes to improve police enforcement efficiency,ensure legitimate rights and interests of police and people and practice the purpose of equality in constitution.The practical significance consistently shows that Police Defend Power by Duty should has independent status in Chinese legal theory.To perfect the legislation of Police Defend Power by Duty,on one hand,clear definition should be made on legal nature,prerequisite conditions,legal liability of improper defense and relief mechanism.One the other hand,related systems should be perfected,such as People's Police Law of PRC and Chinese People's Police Regulations on the Use of Police Instruments and Weapons.