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作为社会控制手段之一的拘捕措施既要有效地应对多样化的犯罪情势,同时又不能显现出体系设置上平行化、适用上僵硬化、随意化等弊端。在现代主要法治国家的制度设计中,强制措施的适用要受制于比例原则、法官保留原则、法律控制原则等一系列法治原则,而暗含于这些原则的则是一种对国家权力配置合理性的预设及期待。这种权力配置的图景往往反映在其追诉犯罪的程序构造上。
Arrest measures as one of the means of social control not only effectively deal with the diversified criminal situations, but also can not show the parallelism of system setup, the rigidity and arbitrariness to apply. In the design of the system of the main rule of law in modern countries, the application of coercive measures is subject to a series of principles of the rule of law, such as the principle of proportionality, the principle of the reservation of judges and the principle of legal control. The implication of these principles is that the rationality of state power allocation Default and look forward to. The picture of this allocation of power is often reflected in the procedural construction of the criminal prosecution.