Study On The System Of Search Without Warranty

The system of search without warranty in the modern criminal litigation includes the systems of Attached search,Consent Search and Emergent Search,and contains abundant knowledge about theories and procedures. But in the inland of country, as far as the legislation system and theory research are concerned ,the system of search without warranty is very feeble and must be improved. With the means of comparative research, detailed investegation into the system of search without warranty in the main law-developed countries and regions in the word,and theoretival analysis,this thesis sums up the general principles and rules of it,according to which the thesis analysies the currant system of search without warranty in our country and points out the main defects and proposes some suggestions to set up a scientific and resonable system of search without warranty. The content is composed of five parts: Firstly,it outlines the search without warranty and mainly elaborates its types and basic nature. The search without warranty can be divided into Attached search,Consent Search and Emergent Search. As an act of meddling with citizens` basic rights, the search without warranty whosepower origin is extrodinary is more inclined to invade people`s basic rights than search with warranty. Secondly, it sums up the basic law principles on which the system of search without warranty shoudly set up. According to the investigation into the legislation practice in other countries, the law principles should include the principle of safeguarding citizens` basic rights, proprtion principle and principle of deciding procedure by law, which embody the basic spiritual belief of the search without warranty in modern criminal litigation. Thirdly, it makes a very detailed comparative investigation into the search without warranty of the main law-developed countries and regions in the world. And it introduces the theories about Attached search and Consent Search respectively, investigates the contents of the system of Attached search,Consent Search and Emergent Search, and summarizes the general principles and rules through comparison and analysis. Fourthly, it analyses the currant system of search withuot warranty in our country. By comparison with the legislation practice of the law-developed countries and regions in the world, the defect of our country mainly lies in ignoring the safeguard of citizens` basic right in legislation ortentation, and laws and regulations can not meet practical needs effectively. That is because the internal relationship between constilution and criminal letigation has not been fully realized and the reseach of law theory is very feeble. But the most important reason lies in the notion of our traditional law culture. Fifthly, it proposes some suggestions to pefect the system of search without warranty in our country. Firstly, we must change the legislation orientation and really take respection and safeguarding human rights into consideration. Secondly, we should pefect the regulations about the principles of search. And the detecting members should be required to honour the obligations to respect and sfaguard citizens` personality, privacy, humanbody and property. And last, we should learn from the experiences of the main law-developed countries and regions in the world and reconstruct the Attached search, set up the system of Emergent Search independently, and add the system of Consent Search.