Positioning and Limitations of the Emergency Right System of Citizen's Right to Deliver a Suspect to Authorities
The nature and system positioning of the right of transfer have long been disputed,and the provisions of the Criminal Procedure Law on the conditions and limits of the exercise of the right of transfer are not clear.Based on the function of protecting human rights in the Criminal Law,the cause of justification should not be restricted by the principle of legality of crime,so the right of revocation can exist as the cause of justification beyond the law.In the system of emergency right,the right to transfer belongs to the transferable emergency right,and its legitimacy is based on safeguarding the interests of national criminal prosecution.Based on the principle of social solidarity,citizens are given the right to turn over criminal suspects by public authorities,but they also bear certain risks.The conditions for the exercise of the transfer emergency right should conform to the characteristics of"forced".At this time,the public force organ is absent,and citizens have a"high possibility"of believing that the object of the transfer is suspected of a crime.The limit of the exercise of the right of transfer should conform to the principle of proportionality,so as to limit the personal freedom of the person being transferred.However,when the transferee commits a violent act that seriously endangers the personal safety of the transferee,the right of transferee is transformed into the right of justifiable defense,the limit of which is equivalent to the limit of the special right of defense stipulated in the Criminal Law.
the right to deliver a suspect to authoritieslegitimate reasonthe system of emergency righttransfer-type emergency rights
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