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在刑事案件即将发生或已经发生后的极短时间内,允许警察行使临时性的人身控制权,是各国普遍的做法。警察临时人身控制权在实践中有多种行使方式,其中最常见和最重要的是盘查、留置和即时逮捕制度。我国的警察临时人身控制权制度无论在法律文本上还是司法实践中均存在一些缺陷,需要加以改革和完善。而权力行使前的法定原则、权力行使中的比例原则、权力行使后的司法控制原则当为改革方向。
It is a common practice in all countries to allow the police to exercise temporary personal control over a very short period of time after criminal cases have taken place or have occurred. There are many ways in which the temporary personal control over the police can be exercised in practice. The most common and important of these are the investigation, retention and immediate arrest. China’s police temporary personal control system has some defects in the legal texts and judicial practice, which needs to be reformed and improved. The statutory principle before the exercise of power, the principle of the proportion of the exercise of power, the principle of judicial control after the exercise of power should be regarded as the reform direction.