Legal Regulation On The Right Of Use Of Police Guns In The Background Of Social Transformation

In recent years,the new characteristics of social security situation in our country is"anomie" and "conflict",manifested as violence,fear of violence and the number of attacking crime in nature is bad,and presents the development trend of the normalization of the police power was challenged.In order to achieve the new features of the security situation,the police to maintain order,to combat crime and the task of giving the police the right to use firearms to become an important way to effectively protect the authority of state law.The use right of the police gun is the extension power formed after the police power is realized.It is a carrier or tool that must be used by the police.In the disposal of violence,fear of violence,police and other cases,the police can just in time to stop the use of firearms,the relative risk behavior,not only related to the maintenance of social stability and order,but also the relationship between the personal rights of citizens are fully safeguarded by law.Therefore,in the context of social transformation,strengthening the legal regulation of the use right of the police gun has become a problem that our country must face in this period.At present,our country has set up a more perfect legal system,and has formed a relatively complete legal system.However,the protection of human rights and the construction of the order has not been achieved,nor has it reached the requirements of the police's discretion in the use of firearms.The right to use firearms is the "fatal" force,if it is not subject to strict legal restrictions,the lack of scientific standards of discretion,then there will be irreversible legal consequences.Therefore,the author through this article,based on the social stability and Realization of effective protection of the core value in order to guarantee citizens' right to life and health,to build a more scientific,operational,police firearms in accordance with the spirit of the rule of law use legal system.This paper is divided into five chapters:The first chapter is an introduction,which briefly introduces the new features of the current social security situation and the data statistics of police sacrifice in china.The second chapter is the basic theory of police gun use right.The main concept,characteristics and the relationship between police power and police's right to use firearms are discussed the third chapter is our country's legal system combing history of China's first simple interpretation of the legal system of the police with a gun,followed by "risk" and "anomie" theory as the starting point of this reality requires the police use of firearms,the last comprehensive introduction of law system of our country relevant law.The third chapter is the carding of the relevant legal system in china.First of all,with the theory of "risk" and "anomie" as the starting point,this paper expounds the practical needs of the police to use guns,and finally introduces the content of the current legal system in china.The fourth chapter is the comparative study of foreign related system,in the international conventions,standards and relevant national system of carding,analysis of the international community on the current system contained in common,the perfection of China's legal system of enlightenment.The fifth part is the analysis and suggestion of China's problems,mainly from the legislative and operational procedures and supporting measures of constructing found the flaws and shortcomings,and puts forward the right to use firearms the proposals to improve China's.