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警察防卫行为,是指警察依据法律规定,为了制止违法犯罪行为的发生、控制违法犯罪分子或者阻止违法犯罪分子脱逃而实施的具有强制力、暴力性的职务行为。警察防卫权是警察实施防卫行为的依据,是法律赋予的一种警察职权。警察防卫权与我国《刑法》规定的正当防卫权有一定的联系,但并不属于正当防卫的范畴,应当将其定性为警察的职务行为,并在此前提下对其适用条件进行建构。警察防卫行为本身的属性和可能导致的严重后果,共同决定了法律应当对其适用条件进行严格限制。特别是警察使用武器这类致命防卫手段,应当在严格限制适用的前提下,兼顾灵活性和应急性。警察防卫权的适用应当遵循适用条件和适用程序的限制。适用条件又可分为积极条件和消极条件两种。
Police defense acts refer to coercive and violent post actions taken by the police in accordance with the law and in order to stop illegal and criminal activities, control illegal criminals, or deter illegal criminals from escaping. The police defense right is the basis for the police to carry out defensive acts and is a kind of police power given by law. There is a certain connection between the power of police defense and the right of proper defense stipulated in the Criminal Law of our country, but it is not a category of justifiable defense. It should be characterized as a duty of police and, under this premise, the conditions for its application should be constructed. The nature of the police defense behavior itself and the serious consequences it may cause, together, determine that the law should strictly restrict its conditions of application. In particular, such deadly defensive measures as the use of weapons by the police should give due consideration to both flexibility and urgency under strict restrictions. The application of the police defense right should be subject to the conditions of application and the restrictions applicable to the procedure. Applicable conditions can be divided into two positive conditions and negative conditions.