The Dilemma And Way Out Of The Qualitative Analysis Of Police Duty Defense Behavior

The police duty defense behavior and the general justifiable defense behavior both belong to the defense behavior from the appearance,but there are differences in the nature,the limit condition,the legal consequence,the tendency of the legal interest subject and so on.The establishment of the defense right of police duty has dual attributes,one is the attribute of right,the other is the attribute of duty,among which the latter is its fundamental attribute.After the emergence of the special justifiable defense,there will be a conflict between the unlimited defense right and the proportion principle that the people's police should follow in the defense of duty.In order to protect the law enforcement security of the people's police and to prevent the improper expansion of public power,it is necessary to discuss the police duty defense behavior separately.Most countries outside the region also have special provisions on the police duty defense behavior in their legislation.At present,China's police duty defense behavior is faced with the lag of relevant legislation and the lack of limit standards.The judicial practice is chaotic,the result is different and the public opinion environment is complex.The system of justifiable defense has been unable to effectively solve the dilemma of the defensive behavior of police duty,so it is urgent to define the nature of the defensive behavior of police duty.Among the four representative theories about the nature of the defensive behavior of police duty,the viewpoint of "duty behavior theory" is more reasonable.That is to say,the essential attribute of the police's defense in duty is duty,and its justification should be based on ACTS of law rather than justifiable defense.The people's police,as representatives of state power,shall exercise great restraint and strictly observe the principle of proportionality in the course of defense in the course of duty.According to the current situation of legislation in our country,the contents related to the defensive behavior of police duty are included in the people's police law.On this basis,the author correctly guides the direction of public opinion,strengthens the training on the use of guns by the people's police,and changes the relevant supporting measures,such as changing the investigation organ of the police's defense behavior in duty,so as to make the police's defense behavior in duty not only walk out of the qualitative dilemma,but also solve the difficult problems in practice.