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警察醉酒开枪杀人,公安机关是否需要承担责任,成为公众的热点话题。而法律人对于公安机关与其他行为人共同或分别侵权致同一损害的数人侵权的责任问题一直存在争议,也是公安实践中的难题。运用类型分析法,从涉及公安机关的数人侵权类型分析入手,在明确公安机关承担赔偿责任的基础上,适用侵权责任形态理论分析公安机关在不同侵权法律关系中的地位来确定公安机关的责任分担问题。
Police drunken shooting, public security agencies need to assume responsibility, become the public’s hot topic. However, the lawyers’ responsibility for the infringement of several infringers caused by the common or separate infringement of public security organs and other actors for the same damage has been controversial. It is also a difficult issue in public security practice. Using the method of type analysis, starting from analyzing the types of infringement involving several public security organs, on the basis of clarifying the liability assumed by public security organs, applying the form of tort liability to analyze the status of public security organs in the legal relationship of different infringements to determine the responsibility of public security organs Share the problem.