The Studyof Police Opened Fire At The Discretion

This article mainly from two aspects to state the discretion of the police shot, On the one hand, for example as a guide and our country existing law as a start, from the two dimensions of horizontal and vertical to analysis that the discretion of the police shot. From the vertical point of view to talk about that when the police can be to be able to use the discretion of the police shot and the discretion of the program to analyze the problem, find out the present when the police can shot, the condition and the existing process are analyzed. Moreover,transverse from the United States and Germany to compare in our country, because the United States and Germany represent the two different legal systems, thus making it easy to find the disadvantages of our country at the discretion of the police shot, and further put forward the improvement Suggestions,it is hope to be able to complete the discretion of Chinese police shot, and more can get citizens recognition and affirmation, and because of the discretion of the police shot incur a series of social problems can be reduced; At the same time, on the other hand, the discretionary authority of the police shot is very great, and with the development of society is constantly increasing, control the discretion of the police shot is imperative. From two aspects of internal control and external control to talk about, this paper mainly within the police force some internal control measures, including the improvement quality of the police, the completement of the accountability mechanism, the improvement of the program, etc.,this can from the root of the internal control to reduce the mistakes in the discretionary behaviors of the police shot. External control include to legislative control, judicial control and social control, among them the legislative control mainly consummates our country current law, and to speed up the establishment of procedural law, and to enhance the legislative and judicial explanation; Judicial control are mainly the judicial review, the current of the judicial review is not complete in our country, and put forward to complete and improve the method; the main social control is media and citizen's public opinion supervision, the media itself must to be continuously improved their own quality, and the country should also make the media have the right to report the truth, andcitizen to cultivate the rights consciousness, thiscan enhance for supervision of after the police shot,and make the systematization and the standardization of the citizens' rights as soon as possible. Through these means of control, it can make the police to shot at the discretion of the authority to reduce, and make the discretion can be fair and transparent, and help citizens more to understand,and harmonize the contradiction between the administrative power and the citizen directly.