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当今警察开枪频率日益上升,开枪给警察带来的问题也日益增多,然而法律对警察开枪应遵循的原则及其操作细则并没有明确规定。对警察开枪必要性原则进行研究是现实迫切的需要,在实践中也具有重要意义。在对域外警察使用枪支必要性原则进行分析的基础上,立足于归纳总结警察开枪必要性原则的含义,即以合法性为前提、以比例性为核心、以相对性为预判因素、以正确判别方式为保障,探讨警察开枪必要性原则。
Nowadays, when the police are shooting more and more frequently, the problems caused by the shooting of police officers are also increasing. However, the principle that the law should be followed when shooting police officers and the rules for their operation are not clearly defined. It is an urgent and urgent need to study the principle of the necessity of gun shooting by the police and it is also of great significance in practice. Based on the analysis of the necessity of using firearms by extra-territorial police, this paper bases on the principle of necessity of gun-firing based on summarizing the meaning of the principle of necessity of firing a gun, that is, legitimacy as the premise, proportion as the core, relativity as the pre-trial factor, Correct way of discrimination for the protection of the police probe into the necessity of the principle.