Research On The Legal Regulation Of Police Shooting Behavior In China

From the point of view of the social practice of our country, police opened fire behavior in the legal level exists many problems, such as shooting situation difficult to grasp, shot procedures are not clear and shot qualification requirements are too low etc.. Among them, to be solved is the police when shot, the how to fire a gun problem. To solve the above problems, is inseparable from the police shot behavior of the concept definition and shot discrimination behavior. Therefore, in this thesis, to shoot in nature and the concept is discussed and on how to regulate our police opened fire behavior and puts forward some suggestions to look forward to to give full play to the duties of the police is based on taking into account the protection of citizens’ basic rights.In addition to the introduction, this paper consists of four parts:The first part is the theoretical research on police opened fire behavior. Combined with existing theories of doctrine and the foreign scholars police shot behavior view(criminal judicial action, Administrative post behavior theory and the theory of administrative compulsion), police opened fire on the nature of the behavior of administrative prompt coercion behavior. Furthermore, summed up the police opened fire behavior a common feature of the duty behavior, with legitimate purpose and strict in accordance with the provisions of laws and regulations), which will police opened fire behavior is defined as: police in the implementation of the activities of the office, in order to prevent the occurrence of illegal and criminal acts and dangerous events. Stop criminals or suspects escape, in case of emergency, in accordance with the provisions of the law were shot Hit as.The second part is the police shot the legislation and practice investigation. China’s current legislation on police shot can not clear legal concepts related to, legal language, coupled with legislative mode is not scientific, resulting in practice in the police could not correctly grasp the fire situation and perform shot program. Also can be equipped with firearms qualification is set to low, the police lack of combat experience is also a policeman shot and improper or even illegal behavior of the important reasons.The third part and the fourth part is on the basis of the above research, reference to domestic and foreign laws and regulations of the relevant provisions briefly that the in general case police shooting conditions and under the special circumstances applicable conditions. Under normal circumstances, police opened fire behavior of the first condition is warning, warning procedures set is the embodiment of the principle of due process, and the value; under special circumstances, warning non necessary procedure. Police opened fire behavior of the substantive elements is urgent and necessary. Urgent request time and objective constraints. If you have plenty of time, police opened fire behavior is not necessary because can choose other compulsory measures to be replaced in order to achieve Administrative purposes. Objective to limit requires police opened fire behavior is reasonable, legitimate. Necessary contains two aspects of content, substitution and conform to the principle of proportionality. Police opened fire behavior as a means to be only, otherwise it will expand shot right, a serious threat to public safety. The principle of proportionality is regulation of police shot limit, as a law enforcement standards, limit administrative discretion power and realize the dynamic balance between administrative procedure and administrative efficiency. Under other circumstances, police opened fire conditions according to different situations for different gauge is.The police shot behavior nature and the concept of the definition of the qualitative for immediate compulsion to clarify procedures to regulate the police opened fire behavior, object, scope, rules, and so on. Look at China’s current legislation and practice in police shot is lack of basis, combined with country and perfect legislation, summed up the police opened fire behavior of general conditions and in special circumstances the conditions proposed the police opened fire to regulate advice.