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題 名 | 論警告射擊之適法性=A Study on the Legitimacy of Warning Shot |
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作 者 | 陳景發; | 書刊名 | 法學新論 |
卷 期 | 26 2010.10[民99.10] |
頁 次 | 頁81-103 |
分類號 | 575.81 |
關鍵詞 | 事前警告; 警告射擊; 威嚇射擊; 對輪胎射擊; Anticipative warning; Pre-warning; Warning shot; Threatening shot; Shot in tire; |
語 文 | 中文(Chinese) |
中文摘要 | 警告射擊,或稱威嚇射擊,與直接對人射擊,雖均已發射子彈,然或因警告射擊僅係出於警告之目的,且在正常狀況下,並未對人造成危害,故成為爭訟焦點者不多,學說論述亦屬少見。由於警告射擊尚有諸多亟待釐清之處,例如警械使用條例在二○○二年修正並刪除有關事前警告之規定後,究竟警察在對人射擊前應否先為警告射擊?實施警告射擊時,於方法與時機上應受何種限制?以及實務上所常見之警察為阻止車輛逃逸而對該車輛輪胎射擊之情形,此種射擊方法應否納入警告射擊之範疇等等。因涉及用槍過法性問題並關涉人民生命身體之重大權利,頗值為文探究。 |
英文摘要 | Warning Shot, also called "Threatening Shot"; compared with shoot to a person directly , although both were firing a bullet out of the arms, but Warning Shot was no more then giving a warning for its purpose, and in a normal condition, it doesn't make any harmfulness to human being, therefore such appeal cases to Warning Shot became much less, the studying on discussing Warning Shot also has not often seen. The Warning Shot still have many indetermination parts. For example, after the Police Weapons Usage Act reformed and deleted the prescript of Pre-warning before shooting people in 2002, does a policeman need to do a Warning Shot before shoot somebody? Is there any restriction of the process or occasion, when conduct the Warning Shot? Also in reality we often saw some policemen who shot tire, when they tried to stop vehicle from escaping. According to that, should it also include a part of Warning Shot? and so on. Such questions concern about the legitimacy of using a fire-arms and the important rights of people's life. It is worthy to investigate such subject. |
本系統中英文摘要資訊取自各篇刊載內容。