| At present, the number of cases of the police‘s using weapons in our country is on the rise。It has caused extesive concern as to how to regulate and guarantee the police’s use of weapons among people from all walks of life。In this paper, by analyzing the provisions concerning the police’s use of weapons in such laws and regulations as the people’s police law, criminal law, the law of the People’s Republic of China on the people’s police regulations on the use of police instruments and weapons, combining with the specific cases in this paper, the author aims to elaborate on the fact that currently the police in our country is not bold in, not willing to or not good at using weapons, and analyze the main reasons which are as follows, China’s current laws and regulations about the police’s use of weapons are too principled, unfeasible, and lacking in indemnificatory measures。Through the analysis of and with reference to the relevant provisions of the foreign countries concerning the police’s use of weapons and the opinions of some experts and scholars both at home and abroad, combining with such characteristics as the low level of the rule of law in our country and the low proportion of policemen, according to the spirit of the legislative law, the author puts forward that a host law should be enacted naming the law of the People’s Republic of China on the people’s police‘s use of police instruments and weapons, principles should be utilized to reduce the police’s discretion in the use of weapons, objective description shall be used instead of subjective expression to detailedly account for the various situations in which the police is allowed or foridden to use weapons, and the authoritativeness of the police’s enforcement of law should be strengthened so as to make clear to the police how to legally and efficiently use weapons to crack down illegal and criminal behaviors as well as better protect the safety of people’s lives and properties while better protecting themselves。... |
PDF Full Text Request