构建警犬扑咬法定情形应遵循的法治原则——基于警犬扑咬行为属性的分析

随着警犬技术工作的不断推进,法律并未授权公安机关有权使用警犬对犯罪嫌疑人进行扑咬的法律现实与警犬在公安实践中被广泛且无序地应用现状严重冲突着,构建警察使用警犬进行扑咬的法定情形刻不容缓。但前提是应厘清警察使用警犬进行扑咬时其武力性质和行为属性。只有这两个问题解决后,构建警犬扑咬法定情形才不是空中楼阁。本文拟从警犬扑咬时的行为属性出发,探讨构建警犬扑咬法定情形时应遵循的法治原则,为立法提供建议。

On the Rule of Law Principles Abided by in the Establishment of Legal Conditions to Use Police Dog Attack --An Analysis Basing on the Behavior Attribute of Police Dog Attack

With the development of police dog technology, there comes a conflict between the lack of legal authorization for the public security organs to use police dog to attack the suspect and the practice of its extensive and improper use in reality. Therefore, it is imperative to establish legal conditions in which the police can use police dog to attack on the condition that ＇the attributes of both the force and the behavior be clearly clarified when the police usepolice dog attack. On this premise, the establishment of legal conditions of police dog attack is not like the castle in the air. This paper starts with the behavior attribute of police dog attack and probes into the rule of law principles that should be followed when establishing the legal conditions of police dog attack so as to provide suggestions for lawmaking in this respect.