普通公民捉拿小偷的法律思考

Legal Thinking on the Case of an Ordinary Citizen's Chasing a Thief

江苏涟水县刘某追赶捉拿小偷,小偷逃跑中跳河溺水死亡。涟水县检察院以刘某涉嫌过失致人死亡罪提起公诉,理由之一是刘某不能对小偷紧追不舍。这种司法主张实质就是不许普通公民捉拿犯罪嫌疑人,这不符合我国的法律,也不符合我国的社会现实和广大公民的愿望。这是一种缺乏理性,缺乏基本原则,缺乏全面衡量,缺乏对人权相对性认识的非理性主张。这种主张可能助长犯罪分子的嚣张气焰,降低犯罪分子的犯罪成本,应当引起重视。

In Lianshui County of Jiangsu Province, when Liu caught up and wanted to arrest a thief, the thief jumped into a river and died of drowning. Lianshui County People＇s Prosecutorial Office presented public prosecution by regarding Liu ＇ s being suspected of crime to lead the other＇ s death because of negligence, one of the reasons is that Liu should not chase the thief intensely. The essence of this judicatory opinion is that ordinary citizens are not allowed to arrest criminal suspects, which does not accord with the law of our country, also do not accord with the social reality of our country and the desire of the vast majority of citizens. This is an irrational o- pinion of lacking of ration, basic principles, comprehensive measure and recognition on human rights, which may encourage the arro- gance of criminals and reduce crime cost, and more attention should be paid to.