Research On The Illegal Deterrence Of Police Duty Behavior

The actions taken by the police during law enforcement are aimed at stopping illegal actions and maintaining the social stability by force,and have long been regarded as a justification for inhibition of crime.However,China's Criminal Law does not clearly provide that these actions are a justification for inhibition of crime,and there is few researches and studies on this problem.Since the public security situation is getting increasingly complicated,casualties of citizens in the course of law enforcement often occur,which caused great impacts on the society,citizens are worried about the power of the police,and the police are also confused when implementing their duties,therefore,the research on this problem is of great importance both theoretically and practically.The thesis firstly tries to define what is justification for inhibition of crime,and its foundation.The actions taken by the police during law enforcement are the actions carried out by the police to discharge their functions,and fulfill their duties according to the laws,which includes the action directly based on the provisions of the laws and the action based on the orders from higher authorities.Although those actions have some basis,the actions taken by the police during law enforcement is not clearly provided as legal ones by law.There have to be discussions on whether the action can be regarded as a legal one.It is only from the perspective of the theory of legal interest balance,can we give a reasonable solution to this problem.Then,the thesis proceeds to make a comparison of two important approaches to the problem of justification for inhibition of crime from the perspective of the change of times,the development of laws and the practice of law enforcement,thus clarify which approach is better.It is pointed out that regulations on justifiable defense usually should not be applied to the actions taken by the police during law enforcement.However,in some specific situations such as omissions of laws and when the incident is out of the control,can regulations on justifiable defense be applied.As a special group,when facing illegal aggression,the police has different way to deal with it,and different legal basis from the comnon people.Fully acknowledgement of these differences will be conducive for the police to maintain their own safety in legal ways and means during the law enforcement,and at the same time stop illegal actions effectively and protect the rights of citizens and suspects.Finally,the thesis makes a detailed discussion about legitimacy elements of the actions taken by the police during their law enforcement.The discussion is made from five aspects:subject,legitimate basis,jurisdiction,procedure and limits.It also discusses the standards of legitimacy of police conducts with the attempt to provide a reference.In this way,police conducts can be regulated and limited,the doubts of possible crimes committed by the police during law enforcement can be eliminated,and the police can perform their duty with confidence and more effectively.