A Study On The Right Of Self-defense Of Police

The concept of “police justifiable defense” is based on the Specific Provisions On The Exercise Of Justifiable Defense By The People's Police In The Performance Of Their Duties issued by the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security and the Ministry of Justice on September 14,1983.The Specific Provisions provides guidance to the exercise of justifiable defense in police performance of duties.The legal basis of the Specific Provisions is the justifiable defense system established in the 79 Criminal Code.Later,the 97 Criminal Code appropriately softened the restrictions of justifiable defense and added the system of “unlimited defense right”.The corresponding police legal norms have also been adjusted to some extent,which makes the Specific Provisions at a loss.However,at this stage,it should be made clear that the people's police,as the national public security administrative force and the criminal judicial force with armed nature,have serious problems in the damage of their law enforcement authority and personal rights and interests.The root of the problem lies in the strict statutory restriction of duty behavior,which makes the police "tied up" when performing their duties,especially in face of serious violence.Therefore,this dissertation aims at reiterating the importance of police justifiable defense,so as to solve the problem stated above and to safeguard police law enforcement authority and personal rights and interests.Practically and theoretically,there are many studies regarding whether the justifiable defense system can be applied when the police are performing their duties in the face of unlawful infringement.Based on the position of "affirmative theory",and from the perspective of the particularity of police identity,this dissertation analyzes self-defense and police duty behavior respectively,and discusses the necessity,exercise and legal effect of the police justifiable defense system using the theory of concurrence.At the level of analysis and demonstration,it makes up for the deficiency of "public law theory",and then provides theoretical support for the protection of police rights and interests.