| 摘要: | 民主國家的核心價值在於法治，而警察是維繫民主法治、安定社會秩序的重要角色。目前臺灣社會處於資訊快速流通的時代，警察執法不再是單一受到內部督察考核，而是全民監督、檢視的環境，尤其面對暴力威脅，員警使用槍械的時機備受各界矚目，瞭解影響員警使用槍械之必要因素，並排除其心理障礙，已成為刻不容緩之議題，使之當用則用，維護執法尊嚴及全民安全。本研究之目的在於探討影響員警使用槍械之心理因素，針對臺南市政府警察局各分局、直屬（大）隊員警，以問卷方式探究影響員警使用槍械心理因素，分從性別、年齡、服務單位、工作性質、單位規模、警職年資、現職年資、婚姻狀況、學歷等背景就資料，就現行法規、個人認知、行政程序、民事責任、刑事責任等層面作分析，歸納具體影響因素。研究發現：員警學歷以高中及具有博士學位者，對現行法規、個人認知與其他學歷變項有明顯差異；而在職場上服務7年以上及年齡在31-40歲警界中堅份子在行政程序、民事責任、刑事責任與其他變項有明顯差異。而在心理影響因素程度大小依序為：員警面對司法纏訟的無力感、使用槍械後的一再反覆報告、面對瞬息萬變的狀況的使用槍械訓練、使用槍械因公涉訟之訴訟輔導、協助賠（補）償機關或財源建置、員警身、心狀況、使用槍械之外部效果法制化等問題。針對上開因素提出相關建議，在法制面：相關單位應制訂警械使用條例施行細則、成立輔導因公涉訟專責機關，經濟面：建立穩定財源基金會負責支付相關賠（補）償，行政面：加強員警訓練、關懷員警身心狀況、簡化使用槍械報告流程，司法面：警方專家證人列席出庭、建立警、檢、審溝通對話平臺等。
Rule of law is the core value of democratic countries and the police are important roles of maintaining democracy and stabilizing civil order. Taiwan is now in the generation of fast-moving information. Police law enforcement is no longer just been supervised by the inside, but it’s also been supervised by the entire people, especially in the sight of violent menace. The opportunity of the police using firearms has been focused by all walks of life. Therefore, understanding the necessary factors which influence the police to use firearms and removing their mental disorder have been the issue without a moment’s delay. Let the firearms be used when the police have to, in order to maintain the dignity of law enforcement and the safety of the entire people.The purpose of this research is inquiring into the psychological factors which influence the police to use firearms. This research is aimed at the police in every precinct and corps at Tainan city police department. The way to inquire into the sychological factors which influence the police to use firearms is using questionnaires. The research is analyzed respectively by gender, age, service unit, seniority, marital status, educational background, and so on, and concluded by the current regulations, personnel cognitions, administrative procedure, civil liability and criminal liability. The study found that there is an obvious difference between the police who have high school educational background and the police who have PhD in the current regulations and personnel cognitions. Furthermore, there is an evident difference between the police who have served more than seven years and whose age are from thirty-one to forty in dministrative procedure, civil liability, criminal liability and etc. The following are the factors listed by the degree of the psychological influence. The first one is the sense of weakness when the police face the judicial action. The second one is the repeating reports after using firearms. The third one is the training of the usage of firearms when facing unpredictable situation. The fourth one is the judicial guidance after using firearms. The fifth one is the assistance of compensation agency or the financial reconstruction. The sixth one is the police’s physical and mental conditions. The last one is the legalization of the external effect when the police use the firearms, etc.Here are some suggestions on the factors listed above. In the sight of rule of law, correlated units should formulate firearms usage regulation enforcement rules and establish specialized agencies to guide the police involved in judicial action on duty. In the sight of finance, we should set up foundations with stable financial resources responsible for the compensation payment. In the sight of administration, we should enhance the police training, show loving care for the police’s physical and mental conditions, simplify the report procedure after using firearms. In the sight of judicature, expert witness should appear in court and establish the conversation platform for the police, the prosecutors and the judge, etc. |
