Research On Police Defense Right

Chinese Criminal law of the justifiable defense stipulated in the clause, Given all the citizens of the People’s Republic of China against unlawful infringement can exercise their rights to protect themselves through, In terms of legal nature, Justifiable defence is a kind of can give up the right.According to Chinese Police law and other laws and regulations,Chinese police in the face of illegal and criminal act should be carried out in accordance with the law and processing,Aiming at this kind of behavior。In this paper, according to the situation of domestic law enforcement police defense right again put forward clear point of view,In the process of the police carrying out their duties according to law in case of illegal way,The police must be active to exercise such right to defense,The position of police defense right have obvious resistance characteristics, It has legitimacy and legality,Belong to the legal authority,According to the principle of equivalent power and obligations at the same time,The police defense right is the undisputed become a police do not give up,Justifiable defense right is the inner link with the police defense right also have obvious difference,So the police defense right and Criminal law provisions of the citizen’s right of self-defense is not belong to the same properties。Writing the main purpose of this article, Combing the current research situation of domestic legal science of police defense right, from the Angle of legislation, clear the ownership of the police defense in the applicable shows the law of our country should maintain social order according to the actual needs of public security, attaches great importance to the importance of clear police defense right, safeguard the rights and interests of law enforcement in the at the same time, further promote the police’s ability to protect citizens’ personal property safety point of view.In this article, the author in the first part discusses the related questions of police defense right, in the second part mainly analyze the relation and distinction between justifiable defence and police defense, in the third part introduces the foreign legislation and the present situation of Chinese police law enforcement work environment.