On Search

Searching, as one of inspective actions specified by the criminal litigious law, is readily easy to impose infringement on right of body, property and privacy of criminal suspects or persons other than involved in the case while efficiently punishing crime. Thus, searching procedure is a key point normalized by criminal laws in the countries around the globe. Compare with overseas mature searching system, the searching procedure specified by China's criminal litigious law adheres to tradition of ex officio doctrine, which conflicts with reforming trend of the criminal litigious law. Therefore, this paper intends to practise complicated theory of searching system in practical solutions and further analysis for our country's searching system is made based on comparative investigation of foreign countries' and China Taiwan's searching system.Definition of searching procedure is given at first by the author. The author recommends that two standards, "property rights-trespass and infringement of right of privacy" should be applied to redefine searching action. Searching procedure can be categorized into many types according to different norms. The two mostly common types of searching, searching with and without a warrant and searching of persons and objects, are introduced in this paper. Searching with a warrant is a representation of so-called "writ doctrine" in searching procedure. It is a core of searching system and keynote of this paper.. The writ doctrine means that probable cause is required for applying for a searching writ from the judge before searching and performing searching procedure strictly according to items specified by the writ. Compare to the searching with a warrant, searching without a warrant does not have so many strict regulations, but certain rules must be observed. Furthermore, the writ doctrine is able to prevent suspects' civil rights from being infringed, but infringement of legal rights on agent concerned would inevitably occur during practical performance. As a result, remedyemerges.The purpose of introduction of foreign mature search system in the paper is to make a sound model for China's counterpart. However, connecting our criminal judicial system into that of international does not mean a mere copy of foreign criminal procedure system and judicial model. So, improvement of our search system shall be based on the judicial practice in China.