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公安机关在执行任务的过程中,经常会出现一些左右为难的问题。一方面,在公安人员执行任务时使用武力过当,侵害了犯罪嫌疑人或群众的合法权益,在社会上造成恶劣的影响;另一方面,有些公安人员在执行任务时,面对正在发生的违法犯罪行为,不敢大胆使用警械阻止犯罪嫌疑人,害怕自己的行为违法犯错,从而未能保护人民群众的利益,甚至连自身安全也没有得到保障。到底该如何区别公安人员执法中的防卫问题和刑法中的正当防卫,本文就此做一些阐述。
During the course of carrying out their duties, public security organs often have some dilemmas. On the one hand, the use of excessive force in the execution of their duties by public security officers has infringed on the legitimate rights and interests of criminal suspects or the masses and has had an adverse impact on the society. On the other hand, some public security personnel, in carrying out their tasks, are confronting what is happening Unlawful and criminal acts, they are afraid to boldly use police vehicles to stop criminal suspects and fear that their actions will be violated illegally, thus failing to protect the interests of the people and even their own security will not be guaranteed. In the end, how to distinguish between public security officers in the defense of law enforcement and criminal law in the proper defense, this article to do some elaboration.