On Police Defense

Under the background of the rule of law,it is necessary to establish a sound police defense system so that the police will have better awareness of their right,duty and responsibility,which leads to the avoidance of the abuse of power and to the compliance to the the relevant rules,especially on the occasions of using weapons and police tools.Moreover,in judicial practices,it provides clear criteria to the relevant organs to deal with police defense cases so that they can be fairly and justly tried.We have had the crime of obstruction of official business in the Criminal Law to guarantee the implementation of the laws and regulations by punishing the one who obstructs the official business by violence and threats.But the police on duty have to put themselves under more complicated situations,deal with more diversified people and face higher risks than other civil servants.It is in urgent need to have serious consideration of whether or not necessary to make more detailed laws and regulations to encourage the police to implement their defense properly in order to carry out their legal duty under the risks of life when they are on highly dangerous mission such as anti-terrorism fight,emergency handling or grave crime investigation in particular.Currently,there are a lot of arguments on the existence of the police defense in China.But undoubtedly,it is a significant measure to realize President Xi Jinping's direction of overall enhancing the normalization,professionalization and vocationalization of the police department by emphasizing the legislation of policedefense and safeguarding the legitimate rights of police on duty in legal ways.For the above purpose,the author does the research work on the police defense in theoretical and practical way,analyzing the relevant Chinese laws about the police defense and probing into its nature,establishing conditions,reasonable limits and legal responsibility etc.Furthermore,based on the comparative analysis with the laws on police defense among China and other countries,this paper points out the defect of the current law in China and comes up with corresponding resolution so that a clear police defense system could be established and operated smoothly.The specified laws on the police defense are still in short in China.Though <Regulations on the use of police tools and weapons by the people's police > lists the occasions of using police tools and weapons,huge uncertainty about the legal responsibility remains when the suspects get killed or wounded if the police carry out the violent law enforcement defense within current law framework,which refrains the police to fully implement their legal duty because of the worry about the defense in practice.This paper concludes that the police defense ought to be taken as an act of official duty that the police perform with violence by law in order to deter the ongoing illegal behavior,to capture or to prevent the suspects or convicts from escape.As long as we realize this can the police be made committed to their job.The paper discusses on the essence of the police defense,the relationship and difference between the police defense and justifiable defense respectively to prove the importance to establish the police defense system by introducing the legislation in foreign countries and the current challenges in police work in China,and tries to make the boundary and concept of police defense clearer by further discussion.At last,considering the social and judicial environment,this paper makes suggestions on police defense system in legislation,judiciary,remedy and supervision aspects.