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近年来, 警察在执行公务中身体受伤、名誉遭损甚至牺牲生命的事件屡见不鲜。对警察执法中受损权益的保护能否适用民事法律, 学界和实务界尚未达成共识。本文通过对一起出租车紧急避险造成警察受伤、警车被撞案的分析, 认为警察可以通过民事诉讼主张损害赔偿, 这不仅可以弥补警察遭受的财产权、人身权损失, 而且有利于树立警察的执法权威, 维护警察的执法权益, 也避免了公安经费的不当支出。同理, 公安机关也可以成为民事赔偿请求权的主体。
In recent years, there have been not only some cases of physical injuries, loss of reputation, or even loss of life of police officers in carrying out official duties. Whether the civil law can be applied to the protection of the injured rights and interests in police enforcement has not been reached in academic and practical circles. In this paper, an investigation into the case of a police car being hit by a car accident caused by an emergency car accident in a taxi is considered as a way to compensate the police for damages through civil lawsuits. This not only can make up for the loss of property rights and personal rights suffered by the police, but also help to establish the police’s law enforcement authority , Safeguard the law enforcement rights and interests of the police, and also avoid the improper expenditure of public security funds. By the same token, the public security organs can also become the subject of civil compensation claims.