On The Border Of The Police Using Force

With the speeding up of the process of our country's construction of the rules of the law,people pay more and more attention to the police's use of force.And it has become a hot issue of the media.When the police are using the force,people's human rights are inevitably damaged.China is a lawful society now,in order to restrain the public power and respect and protect the human rights.The police's use of force should be limited.And the violent behavior of the police should be strictly regulated by the system.The police are the main force in maintaining our public order,so there are obvious differences between their use of force and other administrative behavior.The police's use of force is armed and time limited.To protect the public interests and themselves from illegal invasion,the police have the right to use the force to stop and eliminate the danger.But the use of force must be appropriate and in accordance with legal procedures.Whether or not it is right for the police to use the force relates to the citizen's rights and the order of the society.And directly relates to their interests.The police are required to judge if it is the right condition to use the force.But when they are performing their duties,it is hard for them to make an accurate judgment in the face of emergencies.At present,our country's legal system of law is not perfect for the police to use force,it is too principle and not convenient to operate.Institutional incomplete makes the police at a loss or misuse the force.They may use high-grade force when it is unnecessary or they may be injured because of not using the force.Improper use of the force can not only bring serious threat to life safety of the other people,may also cause harm to police.This article attempts to discuss the principles of the police's use of force in the terms of the boundary.Combining with our country's current situation of the police use of force,this article also tries to explore the construction of the system to solve the problem.The author illustrates the issue from the following aspects.First of all,in the introduction section,with the two extremes taking place in the process of using the force by the police and in the face of climbing numbers of the police casualties over the years,the author reflects the chaos of the force using in our country,think about the current system of the police's use of force,put forward the issue of the system construction of police's use of force in China.First chapter tells of the definition of the police's use of force in the terms of the relationship between the police's behavior of force using and the police's executive power,discusses the concept of the police force behavior,analyses the unique characteristics of the police's use of force and classifies the types of the police force.The second chapter tells of the two extremes when the police are using the force.One is abuse of force,the other is afraid of using the force.This article analyses the cause of the problems.It's not only because of the imperfect laws and regulations,but also because of the lacking of effective supervision and other objective factors,such as the police's low professional quality and the less advanced law enforcement concept.The third chapter tells of the boundary of the police's use of force.From the border of the geographical concept to the border of the police's use of force,respectively from the police's use of force,human rights protection,legal boundary and suitability boundary,it restrains the certain boundaries of the police's use of force,making it a standard to evaluate the effect of the police's use of force.The fourth chapter discusses the boundary of the police's use of force,analyses the conditions of the police's use of force,including the use of force condition,subjective condition,objective condition and the procedures that should be followed in the use of force,to further restrain the entity and the procedure of the police's use of force.The fifth chapter talks about the harm caused by the improper use of the force,puts forward to the idea of perfecting the law system about the police's use of force,perfecting the supervision system of the police's use of force and carrying out the practical battle training system,which may lead the way to the system construction of the police's use of force.And as a result,human rights can be respected and protected.The balance between the constraints of the police's use of force and the protection of social public interests can be reached.