Under what circumstances can the police directly kill people?

Legal analysis: If the police continue to warn and fire a warning shot is ineffective, they can directly kill the suspect according to the actual situation when a crime is being committed or the lives, property and society of others are greatly affected.

If the objects and targets of guards, guards and watchdogs specified by the state are attacked or destroyed by violence, or are in imminent danger of being attacked or destroyed by violence, the police can only shoot in case of legal emergency and the warning is invalid.

Violent resistance, obstruction of the people's police to perform their duties according to law, or violent attack on the people's police, endangering the life safety of the people's police, can use weapons. The laws and regulations regulating the use of firearms by police in China include the People's Police Law, the Law on the Control of Firearms, and the Provisions on the Use of Police Equipment and Weapons by the People's Police. Among them, Article 9 of the Regulations on the Use of Police Equipment and Weapons by the People's Police stipulates 15 situations in which the people's police can use weapons.

Of course, the police are equipped with weapons because they need to use weapons in an emergency, including shooting. Shooting cannot guarantee that people will not die. However, it cannot be inferred from this that "the people's police of public security organs can use weapons in accordance with relevant state regulations in case of resisting arrest, riot, escape from prison, grabbing guns or other violent acts", even if two conditions are added: the suspect resisting arrest and the police firing warning shots. The use of weapons is not necessarily shooting. In principle, shooting should be to stop criminal thugs and chase fugitives, what's more, the suspect has lost the ability to resist and escape, and then he will be shot twice to kill him. For example, Zhang Yu, deputy director of the Public Security Bureau of Xingyang City, starting from the right to use weapons given to the police by law and the possible consequences of "killing robbers on the spot", the police can "kill robbers on the spot" and advocate its deterrent effect, which not only has a logical great leap forward, but also turns the inevitable unfortunate consequences into police discretion and even active pursuit. In this way, the police must answer, if the police can decide to "kill the suspect on the spot" on their own, then why should the criminal law stipulate different penalties for criminal acts with different charges and different circumstances? Can the police sentence the death penalty on behalf of the court? How to protect the criminal suspect's right to defense and fair trial? Is there any effective way for the police to ensure that shooting in the street will not accidentally hurt innocent people? How to prevent the discretion of "shooting on the spot" from providing the scum of the police with opportunities for personal vendetta, murder for money or even disregard for human life?

Undoubtedly, the only way to deter crimes is to improve the detection rate, timely and fair trial and strict execution of judgments. Police shooting is just a means they have to use in an emergency to stop crime or chase fugitives. Shooting a criminal suspect is only an unfortunate consequence that may happen when the police shoot, and it must not be used as a threat or deterrent by the police.

The relevant laws and regulations have made some provisions on when and how the police shoot, and these provisions must be strictly observed and further improved. Theoretically speaking, the reason why the police are exempt from shooting should be "proper execution of their duties", not "proper defense". When the police perform their duties, they arrest suspects instead of stopping crimes. This is not an act of self-defense. Of course, arresting criminals is not as urgent as stopping crimes. The police are well-trained, not old, weak, sick and pregnant, and usually not the direct victims of the victims. The degree of panic when they shoot is far lower than that when self-defending citizens use knives and sticks. Holding a gun itself also makes the police face the personal threat of the criminal suspect much smaller than the citizens who defend themselves, unless the criminal suspect has a gun in his hand. Therefore, the exemption conditions of police shooting and killing should be much stricter than those of self-defense causing death. Only in this way can we prevent the abuse of police force.

Legal basis: Regulations of People's Republic of China (PRC) on the Use of Police Equipment and Weapons.

Article 9 In case of emergency, the people's police may use weapons if they find one of the following violent crimes and the warning fails:

(a) arson, water bursting, explosion and other serious hazards to public safety;

(2) hijacking an airplane, a ship, a train, a motor vehicle, or driving a motor vehicle such as a car or a ship, and intentionally endangering public safety;

(three) robbery, robbery, ammunition, explosion, toxic and other dangerous goods, seriously endangering public safety;

(four) the use of firearms, explosives, toxic and other dangerous goods to commit a crime or threaten to use firearms, explosives, toxic and other dangerous goods to commit a crime;

(five) the destruction of military, communications, transportation, energy, insurance and other important facilities, enough to cause serious and imminent danger to public safety;

(six) the implementation of murder, hostage-taking and other violent acts, endangering the safety of citizens;

(7) Guards, guards, watchdog and other objects and targets specified by the state are attacked or destroyed by violence, or are in imminent danger of being attacked or destroyed by violence;

(eight) gang robbery or armed robbery of public or private property;

(nine) affray, affray, etc. Seriously undermining public order, which cannot be stopped by other means;

(10) resisting or obstructing the people's police from performing their duties according to law by violent means or violently attacking the people's police, endangering the life safety of the people's police;

(eleven) criminals and prisoners gathered to make trouble, riot, kill or escape;

(12) robbing criminals or criminals;

(13) resisting arrest or fleeing after committing arson, breaking water, explosion, murder, robbery or other serious violent crimes;

(14) Criminals resist arrest or escape with guns, explosives, toxic substances and other dangerous goods;

(fifteen) other circumstances in which weapons can be used as stipulated by laws and administrative regulations.