警察枪支使用权规范化研究
发布时间：2018-10-16 18:46
【摘要】：2014年4月份起,公安部开展了全国公安机关依法使用武器警械专项训练活动,自此北京、上海、郑州等国内多个城市的一线民警纷纷开始持枪上街巡逻。同年新疆发生"5 · 22严重暴力恐怖袭击事件",为打击各种严重暴力犯罪活动,维护社会安定秩序,全国各地安保升级,民警持枪巡逻已成常态。至此,警用枪支使用的规范化问题又成为民众密切关注的话题。本文从分析我国立法现状入手,提出警察枪支使用权存在着立法滞后、上位法与下位法之间,以及同位阶规范之间衔接不紧密;立法规定的枪支使用原则单一化;使用枪支程序不完善的问题。继而本文提出应修改当前的法律法规、提升设定警察枪支使用权规范的效力;借鉴国外及相关地区的经验,把生命威胁原则纳入法律规定内,从而弥补《中华人民共和国人民警察使用警械和武器条例》在适用中的不足之处;最后,立法机关应制定出系统化、清晰化和完善的警察使用枪支的法定程序,规范和指引警察合法合理地使用枪支。
[Abstract]:Since April 2014, the Ministry of Public Security has launched a nationwide special training campaign for public security organs to use weapons and equipment in accordance with the law. Since then, first-line police officers in Beijing, Shanghai, Zhengzhou and other cities have taken to the streets with guns to patrol. In the same year, "5 22 serious violent terrorist attacks" occurred in Xinjiang. In order to crack down on all kinds of serious violent criminal activities and maintain social stability and order, security in various parts of the country was upgraded, and police patrols with guns have become the norm. So far, the standardization of the use of police guns has become a topic of close concern to the public. Based on the analysis of the present situation of legislation in our country, this paper points out that there is a lag in legislation for the use of police guns, not close connection between the upper and lower laws and the same rank norms, and the simplification of the principles of the use of firearms as stipulated by the legislation. The problem of imperfect procedures for the use of firearms. Then this paper proposes that the current laws and regulations should be revised to enhance the effectiveness of establishing the police gun use right norms, and to draw lessons from the experience of foreign countries and related regions to incorporate the principle of life threat into the legal provisions. In order to make up for the deficiencies in the application of the regulations of the people's Republic of China on the use of Police equipment and weapons, the legislature should formulate systematic, clear and perfect legal procedures for the use of firearms by the police. Regulate and guide the police to use guns legally and reasonably.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.14
本文编号：2275294
[Abstract]:Since April 2014, the Ministry of Public Security has launched a nationwide special training campaign for public security organs to use weapons and equipment in accordance with the law. Since then, first-line police officers in Beijing, Shanghai, Zhengzhou and other cities have taken to the streets with guns to patrol. In the same year, "5 22 serious violent terrorist attacks" occurred in Xinjiang. In order to crack down on all kinds of serious violent criminal activities and maintain social stability and order, security in various parts of the country was upgraded, and police patrols with guns have become the norm. So far, the standardization of the use of police guns has become a topic of close concern to the public. Based on the analysis of the present situation of legislation in our country, this paper points out that there is a lag in legislation for the use of police guns, not close connection between the upper and lower laws and the same rank norms, and the simplification of the principles of the use of firearms as stipulated by the legislation. The problem of imperfect procedures for the use of firearms. Then this paper proposes that the current laws and regulations should be revised to enhance the effectiveness of establishing the police gun use right norms, and to draw lessons from the experience of foreign countries and related regions to incorporate the principle of life threat into the legal provisions. In order to make up for the deficiencies in the application of the regulations of the people's Republic of China on the use of Police equipment and weapons, the legislature should formulate systematic, clear and perfect legal procedures for the use of firearms by the police. Regulate and guide the police to use guns legally and reasonably.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.14
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1 王劭荣;警察枪支使用权规范化研究[D];内蒙古大学;2017年
，本文编号：2275294
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