Research On The Exclusion Of Crimes By The Performance Of The People's Armed Police

According to China's law,the armed police undertake the mission to maintain social stability in peacetime and assist the People's Liberation Army(PLA)in wartime.However,neither the armed police's law enforcement and defensive behavior in peacetime nor their execution of orders in wartime are clearly defined as crimes by the criminal law.The blurred lines between guilt and innocence pose a dilemma for the armed police when they perform their duties.However,neither the armed police's law enforcement and defensive behavior in peacetime nor their execution of orders in wartime are clearly defined as crimes by the criminal law.The blurred lines between guilt and innocence pose a dilemma for the armed police when they perform their duties.Starting by specifying the nature and classification of the armed police's duty-performing behaviors,this paper explores the grounds for the exclusion of crimes in duty performing behaviors by the armed police and analyzes the conditions in which the exclusion is legally valid,aiming to develop order execution-related crime exclusion rules that provide the armed police with a theoretical basis for what orders of their superiors should be executed when they perform duties.The paper mainly consists of following four parts.The first part is about the nature of the armed police's duty-performing behaviors.First,the paper defines the armed police as a body that implements the system of military service,adopts the PLA's rules and regulations in internal management and primarily aims to crack down on crimes and arrest criminals.Second,the paper divides the armed police's duty-performing behaviors into two categories:order execution subject to military regulations,and defensive behavior subject to general rules and regulations.At last,the paper explores the nature of the armed police's duty-performing behaviors.It points out the dual nature of the behaviors,which can be both military and administrative.The second part is about the grounds for the exclusion of crimes in duty performing behaviors by the armed police.The paper argues that the ground for justification of the armed police's execution of orders should be in line with the dualistic Handlungsunwert theory,i.e.,the infringement of legal interests that does not violate military regulations should also be protected by criminal law.The ground for justification of the armed police's defensive behavior should be dichotomized.When the life and safety of the police are under direct threat,legitimate defense should be applied;When public power is in an advantaged position,duty defense should be applied.The third part is about conditions in which the exclusion is legally valid.The paper argues that the exclusion of crimes in duty performing behaviors by the armed police should meet the four conditions:(1)The person who gives an order must be a direct or indirect superior of the person who receives the order;(2)The procedure for issuing an order is legal;(3)The person who gives an order have no abuse of power;(4)The person who receive the order has a duty to execute it.In addition,the principle of proportionality should be upheld.When the resistance of an object of law enforcement is not strong enough to weaken the advanced position of public power,duty defense is appropriate for the armed police;When the resistance of an object of law enforcement can destroy or have destroyed the advantages of public power,the armed police's countermeasures can be regarded as legitimate defense.The fourth part is about improvement in legislation on duty-performing behaviors by the armed police.The paper proposes that the Article 37 of the Interior Service Regulations should set limits on the content of an order,aside from establishing a procedure for giving an order;The Criminal Law should state in its general rules that the army's execution of a valid order don't constitute a crime,neither their execution of an invalid order in wartime.