从警察被打死也不敢开枪案引发的法律思考

The Legal Thinking from the Case that the Police Would Rather Be Killed Than Shoot

从乘警宁可被打死也不敢开枪的案例来看,警察不敢开枪有其主客观原因。其中刑事法律缺乏对警察履行职责行为的特殊保护,警察使用武器的有关规定缺乏可操作性,导致实践中警察无法准确掌握依法使用武器的法定条件,是警察有枪不敢开的客观原因;一些警察因为违法使用枪支而被追究法律责任,则使警察主观上不愿和不敢使用武器。应完善有关法律和制度,确保民警敢于依法正确使用武器。

The case that the police would rather be killed than shoot shows that the police dare not shoot because of both subjective and objective factors.The lack of protection of police rights in the criminal law to perform their duties and the infeasibility of the relevant provisions on the police use of weapons have led to the police inability to accurately grasp the statutory conditions in the use of weapons according to the law.The above is the objective factor that discourages the police from using their guns.Some police are prosecuted because of illegal use of guns,which has resulted in the police's reluctance and the lack of courage in using weapons subjectively.Relevant laws should be improved to ensure the police rights to use weapons in accordance with the law.