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私人逮捕制度古今有之,历经三次历史演进。现代社会该制度的正当化事由为紧急权,私人逮捕成为国家强制力独占之例外,并具有双重法律效果。域外一些国家或地区就该制度的适用范围、适用条件以及适用程序等相关问题作出明晰的规定,以扬长避短,保持社会公益与被逮捕人权益的适度平衡。我国也存在功能类似的公民扭送制度,但存在定位偏颇、适用主体过于狭窄及相关适用程序付之阙如等不足,带来诸多弊病,实有必要予以检讨并借鉴域外的经验进行完善。
The system of private arrest has existed since ancient times and has undergone three historical evolutions. The legitimacy of the system in modern society is due to the urgency. Private arrests have become the exception of the state’s exclusive power and have double legal effects. Some countries or regions outside the region made explicit provisions on issues such as the scope of application, applicable conditions and applicable procedures of the system so as to avoid weaknesses and maintain a proper balance between social welfare and the rights and interests of the arrested individuals. There is also a similar system of giving and receiving of civil servants in our country. However, there are some shortcomings, such as biased positioning, narrow scope of applicability and inadequate application of relevant procedures. Therefore, it is necessary to review and learn from the experiences of other countries.