The legitimacy of the police duty defense behavior lies in its legal act, which is an independent justifiable cause based on the balance of legal interest. "The police emergency power theory"is easy to make the police duty defense behavior lose the standard restraint, and arises the expansion of super-regulation of the police power, thereby damaging the rights of the person with illegal infringement behavior and undermining the balance between power and rights pursued by the modern rule of law."Justifiable defense theory"ignores the public power attribute of police duty defense behavior, and directly equates it with justifiable defense behavior. It is easy to make the police duty defense behavior lose the necessity and proportional constraint, and lead to the extreme of police duty defense. It should construct the system of police duty defense on the basis of "performance by statutory order theory"as the basis of legitimacy to provide normative support and institutional guarantee for police duty defense. In the aspect of criminal law, a new article should be added after article 20, which specifically stipulates the exemption of police duty defense; at the level of administrative laws and regulations, it is necessary to further elaborate the provisions of the defense of police duties in the People''s Police Law of the People''s Republic of China and Regulations on the Use of Police Equipment and Weapons by the People''s Police.%警察职务防卫行为的正当性在于其属于法令行为, 是基于法益衡量的独立的违法阻却事由."警察紧急权说"容易使警察职务防卫行为丧失规范约束, 出现警察权的超法规扩张, 进而损害不法侵害行为人的权益、破坏现代法治所追求的权力与权利之间的平衡."正当防卫说"忽视了警察职务防卫行为的公权力属性, 将其直接与正当防卫行为等同, 容易使警察职务防卫行为丧失必要性和比例性约束, 导致警察职务防卫走向极端化.应以"法令行为说"作为正当性基础, 建构警察职务防卫的制度体系, 为警察职务防卫提供规范支撑和制度保障.在立法层面, 应在《刑法》第20条之后增设一条专门规定警察职务防卫免责的内容;在行政性法律、法规层面, 应进一步细化《中华人民共和国人民警察法》和《人民警察使用警械和武器条例》中有关警察职务防卫的规定.
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