A Comparative Study Of Police Shooting Between China And The U.S.-Seek For Situated Reasonableness

The key issues about how to regulate the use of firearms by police is to determine the degree of regulation,how to balance the violation of one individual's interests with the danger of him/her.Its essence is to balance the interests of government law enforcement and civil rights,balance the personal interests of the police and the suspect's personal rights and interests,from the governance of discretion by police to institutionalize the reasonableness of the law.As for the judicial review of the police shooting,we should fully recognize the basic premise of the reasonable evaluation of the police shooting,to seek a reasonable standard of judicial review.The law regulation of police to use of weapons is too tight and lack of protection too mechanical and rigid.The uncertainty of theory may lead to the gap between administrative law and criminal law,the lag of legislation leads to the current regulation of police shooting is not compatible with the objective risks encountered by the police.Due to the lack of guidance,the evaluation of police gunshots are too strict,the lack of immunity from suit and protection of police makes policemen do not clear how to use guns,or even abnormal restraint.The compression of police discretion may avoid the police use of excessive force and abuse of power,but lead to the imbalance between the protection of police and subjects in law.As a comparison to the United States,the evaluation of police use of firearms is rational in law.The rules of the common law have made the necessary restrictions on the use of guns by police.The cases of the Supreme Court formed the constitutional standards of the police use of force.The establishment of legal principles is very instructive.The governance of police discretion is mainly through the external supervision and the improvement of police policy and the high intensity of training.There is high degree of tolerance of police officers using guns.The immunity from suits of the police is protective.As for our country,we should make clear of the basic theory of fire regulation.Improve the law standards of application of law,enhancing the procedure of law.Make up the loopholes between administrative law and criminal law.Establish reasonable rules andevaluation system to administrative discretion.Balancing the personal rights and interests between the police,the citizens and the suspects,making the legal regulation of the police shot to adapt to the dangerous situation encountered by the police.We should seek for objective reasonableness situated circumstances.We should make a change from belated effort to objective reasonableness.From only evaluate result to consider the objective situation of shooting decision making,from belated legitimacy to situated reasonableness.