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警察作为职务上负有特定责任的人为避免本人危险,一般不能避险,但避险行为与其所承担的职责不相冲突或危及警察生命安全情形,可以避险。公安部的规范性文件出于避免警察重大伤亡考虑,突破性规定警察有职务避险权。为使执法民警免受危及生命安全的危险侵害,应对相关法律进行修改,设定警察职务避险权。警察职务避险是特殊避险,应从现实正发生迫在眉睫的重大危险,警察避免自身重大伤亡,避险迫不得已等方面进行严格限制。
In order to avoid their danger, the police, as a person who has a specific responsibility in his office, generally can not avoid hedging. However, the hedging behavior does not conflict with his responsibilities or endanger the life and safety of the police and can be avoided. The Ministry of Public Security regulatory documents out of consideration to avoid major casualties in the police, a breakthrough requirement that the police duty-free safe haven. In order to prevent law enforcement officers from being endangering the danger of endangering their life and safety, the relevant laws should be amended to set the right of taking the risk of police positions. Police hedge is a special hedging, should be from the real momentous imminent danger, the police avoid their own major casualties, hedging and other aspects of the strict restrictions.