建立司法令状制度是司法界的一贯主张。司法令状不仅适用于刑事诉讼领域,同样也适用于其他领域。司法令状的实践运行表明,其本质是行为的合理性。事实上,司法令状远没有达到大多数人所宣称的那种功能,执行官员也总是在想方设法逃避适用司法令状,如紧急情况下的搜查、扣押或逮捕等。因此,我国进行司法令状制度设计时应借鉴以往的经验,做到有的放矢。 The establishment of a judicial writ system is the consistent view of the judicial community. Judicial writ not only applies to the field of criminal proceedings, the same also applies to other areas. The practice of judicial writings shows that its essence is the rationality of behavior. In fact, judicial writings are far from what most people claim to be and executive officers are always trying to evade the application of judicial writings, such as search, seizure or arrest in an emergency. Therefore, the design of judicial writ system in our country should draw lessons from the past experience and make it targeted.