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作为社会稳定和国家内部安全的重要维护力量,人民警察具有国家法律赋予的行使特定职权的权力,这是当前我国社会发展的需要,也是建设现代国家的需要,但是我们应当看到的是在我国刑法或者警察法的相关规定中,充分规定了人民警察在一定情况下要积极履行职责,但对于人民警察的自我保护性的规定则不多,这就造成了人民警察在特殊情况之下只能积极的履行职责,对于侵害其自身的行为无法有效对自身进行保护。为了对人民警察在执行职务过程中对自身进行有效的保护,应当允许正当防卫的规定在人民警察执行职务的过程中可以适用。本文就针对人民警察职务行为的相关内容,探讨在行使职务过程中警察的正当防卫问题。
As an important safeguarding force for social stability and the internal security of the country, the People’s Police has the power to exercise specific functions and powers conferred by national laws. This is the current need of our country’s social development and the need to build a modern country. However, what we should see is that in our country In the relevant provisions of the criminal law or the police law, it is fully stipulated that the people’s police must actively perform their duties under certain circumstances. However, there are not many rules on the protection of the people’s police in self-protection. This has resulted in the fact that the People’s Police can only under exceptional circumstances Active performance of their duties, for violations of their own behavior can not effectively protect themselves. In order to effectively protect the People’s Police in carrying out their duties, the Provisions that should allow for proper defense should be applicable in the performance of duties by the People’s Police. This article aims at the content of the people’s police post and behavior and probes into the legitimate defense of the police in the exercise of their duties.