Thoughts on Improving the Legal Framework for the Use of Police Firearms in China
The formidable lethality and dual-edged nature of firearms have led China to vacillate between"restriction"and"expansion"in its police firearms policy.This has resulted in a significant portion of police officers being unable or hesitant to use firearms,adversely impacting law enforcement activities.The main rea-sons are as follows.Firstly,the regulation of police firearm use through administrative regulations,which are at a relatively lower level;secondly,the act of listing shooting scenarios is impractical,affecting officers'judgment in emergencies;thirdly,insufficient details in the warning procedures before firing;fourthly,short-comings in the legitimacy investigation system regarding the investigating body and methods.To address these issues,it is necessary to elevate the legislative level by enacting a"Police Firearms Use Act".This should de-fine the conditions for firearm use,adopting a comprehensive legislative model of"generalization+affirmation+exclusion",guided by the principles of"life threat","necessity",and"minimal harm".The procedures for firearm use should be refined,establishing the People's Procuratorate as the third-party investigator for post-incident legitimacy,and adopting the principle of"reasonableness"in investigations.Moreover,the firearm use process should be enhanced by implementing a systematic training mechanism,a strict firearm license and certification system,and necessary media response and mandatory psychological counseling mechanisms to streamline the firearm approval process,balancing safety and efficiency.
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