The Police Use Gun Discretionary Power To Regulate

The gun system of China's police is undergoing great changes,the fundamental reason is that the proportion of "discretion" is gradually reflected in the police gun system.Under the joint efforts of theoretical and practical circles,but also based on the objective requirements of practice,the police with the right to use guns began to gradually enter people's vision.It must be admitted that in the past,in the way of regulating the administrative behavior of the detention bundle,the police gun behavior in the face of gradual entry into the field of discretion is slightly overstretched,and the reform of the system level is the first to the.In fact,the regulations on the use of police equipment and weapons by the police,issued by the State Council in 1996,and the Code of Practice on the use of firearms by the Public security organs,issued by the Public Security Department on January 16,2016,not only clarify the existence and direction of the reform of the regulatory system.On the basis of the research results of the current gun system used by the former scholars in China,this paper focuses on the analysis of the problem of police discretion,and expounds the significance and improvement direction of this kind of discretion in the present country by combining the methods of literature research,comparative research and theory and practice.After analyzing and clarifying the legal basis of police discretion,this paper recognizes that the police have the necessity of gun discretion,studies the current situation and predicament of the regulation of gun discretion and the causes of the predicament of the policeman in China under the large tone laid by the legal basis,and then puts forward some suggestions on the regulation path.The dilemma of police discretion in China is summed up in two,the system short board caused by multiplexer legislative system,and the excessive regulation caused by the non-science of the two,the reform of the former legislative system involves the improvement of the specific content of each normative document and the optimization of the connection between the normative documents,The problem that the latter is not scientific is directly pointing out that the judgment and accountability system of the police's gun rationality in our country,which is a problem that runs through the traditional guiding principles of the gun system used by our country in the past,and then introduces the foreign police gun system in order to introduce the new guiding Principles,It is expected that some useful suggestions can be put forward for the regulation of gun discretion in China's police.