试论警务防卫

On the defense of police affairs

警务防卫不同于正当防卫,是警察依法使用警械武器履行职权的行为,是对受侵害权利的公力救济,受法律的特别规范与保护。本文通过比较警务防卫与正当防卫,提出警务防卫的概念及特征,并讨论了实践中困扰警务防卫的问题。

The defense of police affairs is different from justifiable defense. It is the conduct of police to perform their functions and powers with police weapons, and is the public force remedy for the infringed rights. The defense of police affairs is protected by the special provisions of laws. This paper analyzes the conception and the characteristics of the defense police affairs through the comparison between the defense of police affairs and justifiable defense, and discusses the problem in the practice of the defense of police affairs.