Research On Legal Regulation Of Police Gun Use In China

In recent years,violent criminal activities and terrorist attacks are increasing,and police use of firearms is becoming more and more necessary.At the same time the police use guns also has a series of common problems,making the study and improve the use of police guns is also full of necessity.The nature of the police use of firearms is the behavior of duties rather than legitimate defense,but may belong to administrative acts or may belong to criminal justice,the key is whether the behavior of the Criminal Procedure Law.Improper use of police guns may cause police rights to violate civil rights,but the police use of guns and civil rights is not a simple opposition,and in fact the right to compromise with each other exists,focusing on how to regulate rather than completely deny the gun use.On the use of the status of police guns in China,through the combing of relevant laws and regulations,found that the current legal system is missing,through field research found that the current law enforcement on the use of guns are often anomie phenomenon: first,in the custody and registration of the existence of missing;Second,the police do not dare to use the negative emotions of the firearms,fear of taking all kinds of responsibilities;Third,some police use guns lack of capacity,will not use guns;Fourth,the maintenance of firearms is not in place.To find the cause of its anomie,you can find the relevant legislation of the lower order,operability is not strong;warning system is imperfect,prone to accidental injury;shooting after the reporting system is not perfect;shooting behavior after the investigation procedure is imperfect;after shooting the lack of necessary relief.From the above can improve the path: First,improve the relevant entity legislation,clear for different forms of guns with the conditions to stop the use of guns,improve the relief requirements;followed by improved procedures related to procedures,including pre-procedures and ex post procedures.Finally,the need to strengthen the police shot the discretion of the principle should be the principle of proportion as a basic principle.