The Justification Of Police Use Of Weapons

In order to maintain social security,protect citizens' lives and stop illegal and criminal acts,the police will inevitably use weapons in the process of law enforcement.Whether the use of weapons is standardized or not is related to citizens' physical and life interests.When the police use weapons to cause serious consequences such as casualties,the legitimacy of this behavior is easy to be widely concerned by public opinion.The law on the use of weapons by the police is not perfect in case of emergency;The behavior endangering life and legal interests should be stipulated by the criminal law,but there is no special provision in China's criminal law,so the legitimacy of the behavior is more concerned.Due to the lack of unified and clear evaluation criteria for the legitimacy judgment of the police's use of weapons in judicial practice,the same cases cannot be judged in the same way.In addition,the theory of criminal law also lacks sufficient discussion on whether the police can be given a lighter or mitigated punishment when the police use weapons excessively,resulting in serious consequences such as personal casualties of citizens.The revision of the people's police law has been listed by the Standing Committee of the National People's Congress as a preparatory item for consideration in 2021.With the opportunity of this amendment,it is theoretically necessary to discuss and analyze the legitimacy judgment of the police's use of weapons,so as to provide reference for solving the above problems and improving the law.On the theoretical basis of legitimacy judgment,this paper advocates the theory of mitigated duty behavior,that is,in principle,the behavior belongs to duty behavior,but in exceptional cases,self-defense can be applied to prevent breaking the law.The method of judging the behavior of using weapons adopts the objective theory,and takes the behavior time standard as the judgment basis.In terms of judgment content,it takes the form of the combination of formal elements and substantive normative elements.In principle,the judgment of behavior limit is based on the principle of proportion in duty behavior,and only in individual exceptional cases,the judgment is based on the necessary limit in justifiable defense.In the case of improper use of weapons by the police,due to the objective behavior of performing their duties,the urgency and urgency of the crime scene,and the unrealistic requirements for the strict law enforcement of the police,their behavior is less illegal and accountable,and the police can be given a lighter or mitigated punishment.