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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국비교법학회 비교법학연구 비교법학연구 제5집
발행연도
2005.3
수록면
45 - 65 (21page)

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초록· 키워드

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Against the weapon use at police until now it tried to observe each case of the United States, Great Britain, Germany and Japan.
Weapon carrying and weapon use of police were becoming commercial business anger from the United States where the weapon possession of the civilian becomes legitimate anger and 1985 the weapon use of police discretionary volume is more that which country of the world than but Garner judgement they led and became the opportunity of change.
The Garner to before judging the police of the United States against the serious crime person who escapes it will be able to use an indefiniteness in order, was providing from many week, also tries to amend like this principle only the scope which is restricted the police was permitting a weapon use from different week. The Garner federal Supreme Court when the police arrests the citizen, that must be rational, the reason which is considerable only must exist know from judgement and to the means and the method of arrest to be hour when it sells it did and against all serious crime suspect hazard the Tennessee week law which permits the weapon use which accompanys as unconstitutional this.
The weapon of British police the police seal of the lumber is principle and for police objective in order to accomplish the business which specific is emergency it limits in the case which is dispatched and the generalia becomes urgent.
The guide book regarding the weapon use of British police weapon possession and weapon use of the police officer possession Chinese character and it confronts the weapon and it does not use the weapon not to be, possession grudge it will cut the weapon and the means which it will restrain, it will believe and that there is not a method, as the case which has the reason which is considerable it is providing.
There is to Germany and the weapon use of the police officer is applied, concretely in 44th article proportional sincerity principle which is a strict unity police law model draft ((MEPolG) 39th trillion, 41st article, 42nd article and 43rd article, and it is providing.
Against the weapon use of Japan with our country the police officer duty execution which is similar it is provided in law 7th article. But the case hazard enemy of Japan the important matter of weapon use our country compared to far a difference are to times when it is restricted and there is. Also the weapon use of the case police officer of Japan applies an elder brother Buddhist priest's robe legal defense or the principle of law of emergency evacuation.

목차

Ⅰ. 序論

Ⅱ. 美國

Ⅲ. 英國

Ⅳ. 獨逸

Ⅴ. 日本

Ⅵ. 結論

Abstract

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