Research On Regulations Of The Use Of Firearms For The Police

Since law and order situation of China is more complex and severe in the transformation period of society and terrorism penetrates in the domestic area, the police powers are widening and use of firearms of police are becoming frequent than ever before. Therefore, the police officers have more responsibilities. As the indispensable weapon to maintain social security order and prevent from illegal activities, firearms are related to the social stabilization and security of the police and citizens. The terrorist violent attacks on March 14th, 2014 in Kunming make Chinese government realize that it is vital for the police to carry about their firearms. Since then the policemen on the front line have right to take along with their guns. However, the problems of use of firearms have been revealed when the use of guns becomes more frequent, including incomplete laws and regulations on use of firearms and misuse of guns for police officers, which does harm to the fundamental rights of citizens. And moreover, the absence of laws to protect the right of police makes many of them do not dare to shoot the criminals and even they don't open fire when the emergency exits.Under the circumstances, the crime cannot be effectively curbed, and the duty of police cannot be implemented. The executive power is from people and it shall be used to protect the public interests, otherwise the right may became the instrument of speculation. Therefore, the legal system shall be developed to regulate the exercise of executive power. The discretionary power need to be confined by law to protect the civil rights.The fourth plenary session of the 18th Communist Party of China (CPC) focuses on comprehensively advancing the rule of law in China and to build a country under the socialist rule of law. And it is the primary task and essential condition to improve a socialist system of laws with Chinese characteristics. Therefore, the legal system of use of firearms for the police needs to be developed to regulate the activities that the policemen use the guns. The specific measures of regulation of firearms are as follows:First and foremost, the regulations of use of firearms shall be improved based on the legal system of use of firearms in western countries. The situation and process of use of firearms should be explicitly stipulated. And the principal provisions, relevant legal concepts and the interpretation of law need to be specifically formulated and developed.Second, the shoot practice should be strengthened and the content needs to be improved.It is of great importance for the police officers to increase their fire practices, literacy and legal awareness. Third, the regulations of use of firearms shall be promoted and the strict system shall be built. The daily management system of firearms needs to be implemented and simultaneously, the superfluous details of the system need to be eliminated. At last, investigation regime and right system are developed. The third-party investigation institutions and complaints mechanism need to be set up to guarantee the use of firearms of the police. Briefly, on one hand, the use of guns needs to be restricted.On the other hand, the right of use of firearms for the police officers shall be protected sufficiently. The legal system can be easily applicable to the practice on use of firearms,which can be beneficial to not only the public security but also interests of police and citizens. The right of use of firearms belongs to the compulsory administrative authority.However, it plays a significant role to regulate the use of firearms, which can alleviate the negative effects of misuse of administrative power, preserve positive image of government and its credibility will be promoted.