Study On Legalization Of "Shooting On The Spot"

“Shooting on the spot” means law enforcement officials resort to shooting the assailant on the spot and cause the death of the suspect when citizens' lives or public's interests are at stake.“Shooting on the spot” takes a life without judicial approval and is questioned in academia for its severity.China has listed “human rights” in the Constitution since 2004 and stated clearly that our state respect and ensure human rights.However,our country has always hold the belief of “fight violence with violence” and used weapons as punishment leading to the arbitrariness of shooting on the spot.Academic definition of “shooting on the spot” is still under discussion and the depth and range of study on this subject needs more academic research and work.“Shooting on the spot” is not a legal term and lacks relative legal foundation.Research on the legalization of “shooting on the spot” should emphasize on the use of lethal weapons.The current base of our law enforcement officials using weapons are ?People's Police Law of the People's Republic of China? and ?Regulations of the People's Republic of China on Use of Police Implements and Arms by the People's Police ?.These laws are neither complete in system nor clear or meticulous in its statutes.This does not adapt to the severe situation of terrorism in the world and does not assist the protection of human rights.The author analyzed the definition of “shooting on the spot” and the righteousness of this concept.This article presents both substantial and systemic legislation suggestions from the systemic analysis and comparison of the problems and causes of “shooting on the spot” in China and abroad.This article could provide a legislation of “shooting on the spot”.This article is divided into 5 parts including the preface.The main body of this article consists of 27,000 characters.The preface of the article presents a case report to introduce the problem of “shooting on the spot”.The abuse of “shooting on the spot” is in the grey area of law or against the law? This is the abuse of law enforcement power or being casual during the practice of law? Through the analysis of the case,the author presents the urgent problems in “shooting on the spot”and concludes the significance of research or practice of legalization of “shooting on the spot”The first part of the article introduced the common theory of “shooting on the spot”.First,the definition and historic origin of this concept was explained by the act and consequence of “shooting on the spot”.Second,the characterization of “shooting on the spot” was analyzed.Third,the righteousness of “shooting on the spot” was debated through the discussion of the nature of this action in academic world.Last,“shooting on the spot” was limited during the practice of law by the prerequisite,timing and subjectivity.The second part of the article stated the current situation of “shooting on the spot” in China.The problems during practice and legislation of “shooting on the spot” were discussed and the reason of the abuse of “shooting on the spot” was analyzed.The third part of the article discussed the systems and legislation of weapon use in USA,Japan,Tai Wan and Hong Kong.Their law statutes,responsibility identification and practice on lethal weapons and illegal firing of weaponry provided possible solutions on the perfection of “shooting on the spot” in China.The forth part of the article stated thoughts on legalization of “shooting on the spot”.The Constitution's protection of human rights should guide us to change the attitudes of law enforcement and usage of guns.Second,law on use of weapons should be perfected and be more practical as well as more specific on conditions of legal firing of weapons and applicability of “shooting on the spot”.Last,“shooting on the spot” should be operated inside justice system through perfected legislation and a just investigation and legal aid system.