A Study Of Standard Police Use Of Force Issue From The Perspective Of Law Enforcement Standardization

Police is a state apparatus generated with the birth of a nation.As an important form of state power system,police power has distinct political,mandatory and public attributes and is an essential force for safeguarding the stability of the state power and the life and property security of citizens as well as social harmony.The use of force is a major means for the police to enforce the law,but it is also a double-edged sword that a reasonable and lawful use of it can maintain social order and guarantee law enforcement authority of the police while an improper use of it will cause harm to life safety of citizens,damage police image and affect the credibility of law enforcement by police.Therefore,the research on police use of force has become an important topic in police studies conducted in many countries in the world.In recent years,as the reform and opening-up policy is further deepened in China,social structure and conflict of interest are constantly changing.Police work faces many predicaments such as onerous police affairs and high pressure,especially increasingly complicated law enforcement environment where violence against police officers takes place frequently,greatly affecting law enforcement authority and occupational safety of the police and disturbing normal law enforcement activities conducted by public security organs.How to make a lawful use of force to safeguard national laws and dignity,how to guarantee social stability and personal safety of citizens,and how to maintain the safety of policemen in law enforcement have become new tasks and new requirements to policemen raised by the new era.However,due to imperfect existing laws and regulations,feeble juridical protection,uneven quality of policemen and extremely insufficient actual combat training,nonstandard police use of force in law enforcement happens from time to time.This not only jeopardizes personal safety of citizens and policemen,and the resultant public opinions will also exert a negative influence on the stability of public security.Hence,strengthening the study of standard police use of force,improving the level of the standardization of law enforcement by police and making clear when and how to use force in law enforcement not only are important contents in the legal improvement of public security organs,but also are requirements of thorough rule by law of China in this new era.This article bases the study on the rule of law theory,balance theory,standard of right theory and discretion theory,and tries to explore theoretical and practical problems regarding standard police use of force in the context of the standardization of police law enforcement.At first,this study starts with the basic concept and classification of police use of force,and theoretically clarifies the necessity and legitimacy of police use of force;next,it analyzes current problems arising from police use of force in the process of law enforcement and the causes,and explores how to set restrictions and norms for their use of force in actual practice;then,it extracts implications to China by conducting an in-depth exploration of theories and practical experience about police force of use of America and Canada.Finally,this study proposes concrete approaches to reinforce the standardization of police use of force in China,including improving laws and regulations on police use of force,putting forward a guide for standard police use of force,reinforcing safety and equipment guarantee for police use of force,intensifying training in police use of force,and creating a sound legal environment for the society.It is hoped that this article can make a contribution to improving police's ability to use force standardly,reinforcing the standardization of law enforcement by police,safeguarding their law enforcement authority and credibility,and enhancing their occupational identity and sense of honor.