警察职务防卫权行使的正当性要素及原则

本文以警察职务防卫权的主体、内容及目的等要素作为分析逻辑,解析了警察职务防卫权主体的适格性、内容的法定性以及目的设定与手段对应具有高度的契合性等正当化要素,提出了警察职务防卫权行使及理论建构必须坚持的原则。

The Right Factors and Principles of the Police Defense Power by Duty

This article takes emphatically from main body of police defense power by duty,content,goal and so on as the analysis logic,has analyzed the police duty defense power main body suitable standard,the content legality as well as the goal hypothesis and the method correspondence which has the high conjunction and the right essential factor.The paper proposes to have to persist the three big principles like legal authority,the most lowest human rights safeguard,legally supervises and the safeguard exercise of power.