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警察在开枪前面临许多不确定因素,迅速做出反应的预期与极短的反应时间之间存在矛盾,一些容易产生的误解和错误认识倾向阻挠对警察开枪给予理性评价。警察在开枪时面临着艰难的权衡和博弈,在当时情境符合法律规定的开枪行为之结果未必能够通过事后的法律审查。赋予警察充分的执法手段才能保障警察任务的实现,达到较好的社会治理成效。居高不下的伤亡呼吁对比例原则做出再平衡,更多考虑警察的生命安全。警察开枪行为的过程包含事实行为和法律行为,应当在事实问题的基础上考虑法律适用问题。警察开枪行为具有很强的专业性,对其行为的评价应寻求第三方独立机构的专业人员做出专家意见。对警察开枪的合理限制应当是自由裁量权的有效行使和比例原则的适当约束。
There are many uncertainties ahead of the shots by the police. There is a conflict between the expectation of a prompt response and the extremely short response time. Some easily misleading and misleading tendencies have discouraged the police from giving a rational assessment. The police faced a difficult trade-off and a game of gunfire, at a time when the result of a gunfire that was in line with the law was not necessarily able to pass a subsequent legal review. To give the police sufficient means of law enforcement in order to ensure the realization of the task of the police to achieve better social governance results. The high number of casualties calls for a rebalancing of the principle of proportionality, giving greater consideration to the safety of the police. The process of gun shooting by police involves both de facto acts and legal acts. The application of law should be considered on the basis of factual questions. Police shooting is highly professional and its evaluation of behavior should seek professional advice from third-party independent agencies. Reasonable restrictions on the firing of police officers should be the effective exercise of discretion and the appropriate binding principle of proportionality.