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題名 | 論對依法應逮捕拘禁之人之警槍使用=A Study on the Application of Police Firearms to Criminals Wanted According to Law |
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作者 | 陳景發; | 書刊名 | 法學新論 |
卷期 | 36 2012.06[民101.06] |
頁次 | 頁97-127 |
分類號 | 575.81 |
關鍵詞 | 依法應逮捕拘禁之人; 拒捕; 脫逃; 致命性射擊; 致命實力; Criminals wanted by law; Resist to arrest; Fleeing; Deadly shots; Deadly force; |
語文 | 中文(Chinese) |
中文摘要 | 近年來,警察對於逃逸之通緝犯、犯罪嫌疑人,乃至盤查可疑車輛時,因遭駕駛人衝撞後為阻止其逃逸而開槍之案例,似有增加之趨勢。本文認為其用槍難免輕率、無節制,而問題關鍵應在警械使用條例並不能提供警察可易於遵守與操作之基準。因此,本文擬從探究對「依法應逮捕、拘禁之人」用槍之規範目的著手,並藉由日本與美國法制之研究,汲取可供我國參考之處,同時分析可供遵守與操作之用槍程度參考基準,以提供具體適用上之本文淺見。 |
英文摘要 | For years, more and more cases have revealed that police officers used their firearms against criminals wanted, suspects, or even suspicious vehicle drivers who attempted to flee while officers were inspecting on road. This writing shows that the police use of force is inevitably recklessness and immoderation in which key problem should be that the Police Weapon Use Statute could not provide the criteria of operation to be followed by officers easily. Therefore, to explore the aims to regulate the police weapon use against criminals wanted and discuss the regulations of police weapon use of Japan and USA is to summarize the good viewpoints which could be referred by us. In addition, this writing disclose the operational rules of firearms for police officers in the situations of arresting and detaining persons based on law and provide some standpoints of the operational use of police firearms on the basis of analysis of regulated cases for future references to proper use of police firearm by police officers. |
本系統之摘要資訊系依該期刊論文摘要之資訊為主。