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在犯罪嫌疑人、在逃人员等实施不法行为危及他人生命的紧急事态下,警察将不法分子当场击毙具有必要性和正当性。但是,由于“当场击毙”在本质上属于未经司法机关依法审判而直接剥夺他人生命的行为,因此,应当在法律上对警察实施该行为进行严格的条件限制,既要规定“当场击毙”所应遵循的基本原则,也要从执法前提、执法的现场环境以及执法程度等方面加以约束,防止公权力肆意侵犯公民权益。也正是基于此,在性质上,“当场击毙”应当属于警察职务行为,而不是正当防卫或者紧急避险。
In the emergency situations in which criminal suspects and fugitives are committing illegal activities that threaten the lives of others, it is both necessary and justifiable for the police to kill criminals on the spot. However, since “kill on the spot ” is essentially a direct deprivation of life of others without trial by the judiciary, the police should exercise strict conditions to impose restrictions on the police in implementing the act legally. It is necessary to stipulate that “on the spot The basic principle to be followed by ”shooting dead“ should also be restrained from the premise of law enforcement, the scene environment of law enforcement and the degree of law enforcement so as to prevent the public power from wantonly infringing the rights and interests of citizens. It is also based on this, in nature, ”kill on the spot " should belong to the police post, rather than legitimate defense or emergency hedging.