To Determine The Legality Of Police Violence Assaulting A Police Officer Shot

With the continuous development of China's economy,the contradiction between the use of weapons and the private rights of citizens has increased.The act of assaulting police has been written in the criminal law amendment(nine)of China,which is severely punished in the way of preventing the fifth articles of public affairs.The purpose is to restrain the occurrence of violent assaulting police.This amendment has been issued for three years,and the phenomenon of violent assaulting police has not been effectively suppressed.The phenomenon of police abuse of the right to use arms has also emerged.Therefore,this article studies the question of legality of police shooting when assaulting a policeman,which is an analysis of the police's use of weapons.It will help regulate the use rights of police guns,safeguard the safety of citizens' lives and ensure the smooth operation of social order.This article is divided into four parts:The first part analyzes the premise of the police's shooting.First,it summarizes the status quo and causes of assaulting police,and then distinguishes the concepts of general assaulting police,violent assaulting police and non violent assaulting police.Finally,the concept of violence,serious consequences and implementation is defined.Combined with the judgment standard of assaulting the police,it is concluded that violence against police is a legitimate premise for the police to shoot.The second part first introduces the current situation and misunderstanding of the police shooting,and then makes a theoretical analysis of the shooting behavior of the police.It includes the analysis of the nature of shooting and the analysis of the basis of laws and regulations,and draws a conclusion.Police in public security organs are the main body of law enforcement in administrative law,and they can be divided into immediate or direct coercion when performing administrative coercion.In the field of criminal law,the police are regarded as ordinary citizens and are considered as justifiable defense or emergency avoidance in the face of the exercise of the defensive power of the violent assaulting police.The author believes that the police's right to defend should be identified as duty defense,which is different from the legitimate defense or emergency avoidance of individual citizens.It is more reasonable to identify itself as the duty defense right and supervise it.It is conducive to safeguarding the legitimate and lawful exercise of public power and ensuring the rights of the police as citizens.Finally,on the basis of the revised draft of "the people's police law",we put forward the perfect suggestion of the standard of judging the legitimacy,which provides the reference basis for the third part to establish the judgment standard of the legality.The third part first studies the standard of police shooting in foreign and other areas,and on the basis of drawing lessons from foreign and other areas,the standard of police firing is analyzed.It includes the standard of principle,the standard of due process and the standard of judicial review.The principle standard is analyzed from the macro aspect.The standard in the proper procedural standard,the gun pulling in the warning program,the oral warning and the warning gun warning are further refined.Finally,the judgment standard in the judicial process is established,and the distribution mode of the burden of proof between the two sides is clearly defined.The model of "who advocates the proof' is a reasonable allocation of the obligations of the police and citizens.On this basis,we put forward the specific criteria for the determination of the specific legality in the case of the actual dispute,including the standard of judging the unification of the judgment standard and the subjective and objective view of the fact and the law.For the following analysis of the "QingAn Railway Station incident"legitimacy or not lay a theoretical foundation.The fourth part first gives an overview of the "QingAn Railway Station incident",and uses the principle standard,the due process standard,the judicial review standard and the judicial review standard to judge the legality of the firing of Li Lebin in the third part of the legal judgment standard,and then judge Li Lebin's firing by the criterion of the fact and law in the specific judgment standard.The standard of combining lawful behavior and subjective and objective judgment of Li Lebin's shooting behavior is illegal.The research method combining theory with practice has added a bright spot to this article.