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The Principle Of "Minimum Use Of Powerful Forces" In The Enforcement Of Police

Posted on:2008-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:W ChenFull Text:PDF
GTID:2166360242459163Subject:Law
Abstract/Summary:PDF Full Text Request
The people always pays much attention to the exertion of police power of forces, meanwhile the press also focuses on it.Why it is that? The reason is not only the improvement of the consciousness of human rights but also police usage of powerful forces violates the health and even the lives of the people. Consequently, the police power forces must be strictly controlled and must be used under the regulation of"minimum usage of powerful forces".Policemen do have the right of using powerful forces to protect the common interests of the people and their own lives, while these kind of actions should be carried out in the law procedure. That is to say, the police should at least make sure the level of the dangerous situation and correctly choose the right weapons and use them in a reasonable way. Therefore, policemen are highly required when such situation occurs. The relative law of China is too rough and simple for the police to execute. Sometimes they choose using the deadly weapons to aggress the people who are vulnerable and of less aggressive ability, while sometimes they are not brave enough to shoot at the fierce criminals.So, improper usage of police powerful forces not only threats the interests of the people but also threats the safety of the policemen. The best situation is: under the condition of perfect protection of the interests of the people, the police should minimum utilize the powerful forces to control the criminals. My thesis aims at erect the legal system of using police powerful forces.Part 1: raising questions such as"In which cases can the police use forces?""What kind of forces can be used?""What's the level of powerful forces?"All the questions lead to realize the shortage of the current legal systems.Part 2: explaining the definition of"minimum usage of police forces". The relationship between"minimum usage of police forces"and the other legal principles such as"ensuring the human rights","priority of law","reservation of law"and so on.Part 3: the problems when the Chinese policemen using powerful forces. The reasons why it happens lie in the shortage of the current legal system, not easy enough for the police to understand and execute, and the lack of supervising by the authorized institution such as the court or prosecutors. On the other hand, the education of the police is not good enough.Part 4: trying to erect a whole new legal systems of minimum using the police powerful forces, firstly, the legal system must protect the correct usage by the police of the powerful forces, encouraging them for it is their authorities. Secondly, make very clear stipulation in which cases can policemen use powerful forces and the level of using forces. Thirdly, for inner affairs, the policemen should write reports to their superiors and the monitoring institutions. Lastly, if the people who is infracted by police forces considers the usage of police forces is not correct and proper, he or she can bring the police organs to court.
Keywords/Search Tags:police, administration, forces, research
PDF Full Text Request
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