Research On The System Of Police Weapons Use Rights In China

The right that Police using weapons refers to the police uses the power of the weapons to the others according to the law for performing their duties, which is a kind of special expression form of the police's right, and has the essence of law enforcement, and is the means of force that the police stops illegal crime and protects citizens'personal property and public property safety. Relative to the importance the right of using weapons, our country's present system about the right of using weapons is obviously lag, reflecting that the legislation's rate of relevant laws and regulations is too low, the subject and object of using weapons is unclear, the standard of using conditions is not easy to control, the mechanism of audit supervision is imperfect, and so on. Therefore, drawing lessons from foreign advanced legislative and judicial experience, and making our country's legislation of the right of using weapons perfect, is an important basis to guarantee the police legally using weapons. Besides the preface and the epilogue, this article is divided into four parts:The first part analyzes the right of using weapons, expounds the relevant concepts and characteristics of the right of using weapons, and analyzes of the content of the right of using weapons including the subject,the object,the connotation,the conditions of the using right and the related audit supervision security system about the right of using weapons.The second part,in the light of the development of the foreign system about the right of using weapons, researches and analyzes the development about the right of using weapons of the United States, Britain, China, Hong Kong and other places. Due to the residents legally possessing guns in the United States, so the laws and regulations about the right of the police using weapons develop relatively early, and more mature; Britain takes the divided mode of the civilian police and the authorized armed police, which has more specific and clearly definition on the body of using weapons; Hong Kong has very specific provisions in the weapon's management, use and care.The third part analyzes the legislative status and insufficiency of our country's system about the right of using weapons. Our country's legislation about the right of using weapons mainly reflects to the constitution, the laws, the administrative regulations,the departmental rules and the judicial interpretation, etc., but there is a legislative status problem, using the subject is not clear, using the object is not easy to determine, the meaning of the using weapons is not clear, the standard and the conditions of using weapons is not easy to control, the auditing and supervising departments are so many, the security after using is gap,and other issues.The fourth part puts forward to the advisement about the improvement of the our country's system of the right that the police uses weapons. Relying on the guidance of system theory, information theory, cybernetics theory, promoting China's police using weapons specialized laws'status, makes it clear on the ownership of using weapons and on the using object, makes it clear step by step on the behavior to using weapons, refines the conditions and standards on using weapons, standardizes the auditing and supervising departments, attaches great importance to the relevant security regulations after using, perfects legislation about our country's system of the police using weapons.