A Study On Legal Regulations Of Police’s Gun Using

Police is the national “force ” in time of peace, undertaking the important public security responsibilities. The modern states endow them with the most powerful law enforcement tools and instruments so as to response to the security threats rapidly and effectively. Gun is a identity for police. The usage of weapon directly attacks social public security and citizen’s personal right and thus police’s gun using is a sensitive topic. On the one hand, the police’s gun using lacks of complete legal system; moreover, there are great disputes on the legitimacy judgment of gun using when exercising a public function, which may lead to social opinion storm and query on the law enforcement credibility of police. On the other hand, the public security situation changes greatly under the new social background with the occasionally happened violent attacks and the greater potential threats of terrorist forces and the social public security is in urgent need of the police’s compulsory force protection. Hence, whether to use gun or not and how to use gun have become the adverse conditions for the police to perform duties.The case that the civil police shot the suspect Yang who ran away after perpetrating dead through four continuous shoots in 2007 arose the discussion on gun using and query on the legality of shooting; in the incident that the civil police from the police station in Harbin Anqing railway station shot the suspect Xu Chunhe dead in 2015, the family members of the party and the masses all had doubts on it, causing the theoretical cycle and practical cycle to reflect on the legality and rationality of police shooting. In order to explore how to formulate the legal regulations for police’s gun using and solve the problem of police’s gun using, the gun using dilemma was discussed through the positive and negative cases in recent years with a good deal of first-hand materials; moreover, the author integrated, analyzed and studied the research literature and absorbed the relevant forward theories and research results at home and abroad by applying instance analysis method through field investigation and combining with the enforcement condition; besides the discussion in theory, the operating instruction of law enforcement should be regulated to divide the responsibilities of police’s gun using reasonably. The actual operation of police’s gun using should be stipulated legally, the legal situation and procedure stipulation of police’s power execution should be defined and the police’s gun using behavior should be regulated according to law so as to enhance the police’s law enforcement ability and social credibility.Starting from the theoretical basis of police’s gun using, the author believes that it is the inevitable choice for realizing the human rights protection purpose of constitution to watch out for and impose restrictions on the police’s right to use guns on the basis of natural expansivity of state power enforcement. Through the differentiation and analysis on police’s gun using, the legitimate foundation for improving police’s gun using system is laid and the development direction is indicated. On the basis of the existing theories and positive materials, the legal situation of police’s gun using in our country is analyzed through combining with the cases of gun using in order to find the deficiency in basic concept definition, procedure stipulation and standard establishment for the legal system of police’s gun using. Meanwhile, the importance of the legal procedure of police’s gun using is put forward and the concept of legal procedure is further introduced to judge the legality of gun using and divide the gun using responsibility in order to establish procedural liability and divide the police’s gun using responsibilities scientifically and reasonably; it is suggested that the stipulations on the preposition procedure and handling procedure after the event for gun using should be improved. Through comparative study, the perfected suggestions for legal entity and procedure stipulation are put forward through combining with the legal system and program specification of police’s gun using abroad and in Hong Kong area; we should further define the police’s gun using principle and enact the special legislation for police’s usage of police equipment and weapons; meanwhile, the training system and feed back system should be maintained to make sure that the police using the gun confirms to the actual combat requirements on the aspects of right as principal and gun using skill; finally, the legality review system of police’s gun using should be improved, including former acts examination in advance, procedural examination and necessity examination so as to offer legal foundation and institutional assurance for scientifically judging the legality and rationality of police’s gun using.