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On The Judicial Review System Of Criminal Search And Seizure

Posted on:2011-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q YangFull Text:PDF
GTID:2166330332474217Subject:Law
Abstract/Summary:PDF Full Text Request
Judicial review is the essential characteristic of modern society under the rule of law. Judicial review process is the extension and development of the concept of due process and the idea of check and balance in modern criminal proceedings. How to review and restrict the criminal search and seizure, and to balance the state power and the civil rights is a burning question in criminal proceedings. Therefore, this paper, referring to the mature foreign practices, suggests the establishment of judicial review system in China.The thesis mainly adopts the method of theoretical analysis. Firstly, it reviews the domestic and international previous research, which leads to the idea of judicial review of criminal search and seizure. Secondly, by analyzing the status quo of Chinese criminal search and seizure, the paper indicates the establishment of judicial review system of criminal and seizure, consulting foreign judicial review system of criminal search and seizure.This paper consists of six chapters. The first chapter is an introduction, including the research background and the present situation of international search and seizure. In chapter two, the related concepts of judicial review system of criminal search and seizure are defined. Chapter three presents the legal basis of judicial review system of criminal search and seizure. The fourth chapter illustrates the operating mechanism and necessity of establishing such a system. Chapter five analyzes the present situation of domestic and international judicial review system of criminal search and seizure. In chapter six, the assumption of constructing the judicial review system of criminal search and seizure in china is put forward, which includes making clear the legitimacy of searching procedure, perfecting warrantless search system, and establishing procedural sanction system.
Keywords/Search Tags:criminal search and seizure, judicial review, procedural sanction system, construction
PDF Full Text Request
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