Study On Search

As one kind of investigation to discovery suspicious and evidence, Search means examining or spying on one's body, articles, residency, or some other related locations. Search plays a significant role in criminal procedure, through which Police can get evidences or clues, or even catch the suspicious. However, search indeed imposes compulsion on the object, and obviously has negative impact on the personality, property, residence, and privacy of the object. As a result, it will violate fundamental civil rights mentioned above. Concerning on this issue, Criminal Procedures of most countries pay much attention on search, and various search institutions are presented.In the sense of nation, search is a historical output of the development of criminal procedure. Its origination concerning on following two issues: national power interrupts into criminal prosecution actively, and the public became highly alert to national power. The former indicates the urgent demanding for criminal controlling and judicial efficiency, while the latter involves the realistic threat imposed by national power against civil rights. Consequently, it became a historical dilemma to adjust relationship between national power and civil rights, which leads to two perspectives of value: safety or liberty. To purchasing safety absolutely will exempt search from validity, while liberty exclusively will conduce the unnecessary of search. Therefore, to constitute and improve search institution, we must make a balance between safety and liberty.Reviewing on search institutions of major countries of oceanic & continental legal system, we can find various characteristics of each country. However, we still can summarize some common elements, such as Principle of Reasonable, Identity,...