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元代拘捕主体可分为正式主体和非正式主体,“应捕人”概念的提出是元代立法进步的一种体现。为保证拘捕的有效运行,对拘捕主体的拘捕行为加以规范。为最大限度地调动拘捕主体的积极性,元律运用赏罚激励,对拘捕有功者予以奖赏,对拘捕不力者予以惩罚。既有对唐宋律拘捕制度的继承,也有“因时立法,缘俗而治”的特色,是中华法系的组成部分。
The main body of arrest in Yuan Dynasty can be divided into formal subject and informal subject. The concept of “arresting people” is an embodiment of legislative progress in Yuan Dynasty. In order to ensure the effective operation of the arrest, the arrest of the arresting person should be regulated. In order to maximize the enthusiasm of the main body of arrest, the legal system uses reward and punishment to reward meritorious persons for arrest and punish those who have been arrested for being ineffective. It not only inherits the system of arrest of the Tang and Song dynasties, but also has the characteristics of “rule by law and customs and customs” and is an integral part of the Chinese legal system.