Research On The Doctrine Of Warrant

Doctrine of warrant was originated in England, was developed in American , and gradually was accepted by many countries. Now it is an important proportion of investigation procedure in many countries as an effective measure to restrain power of investigation. The establishment of doctrine of warrant meets the demand to protect people's basic rights, conforming to inherent requirement of due process. But there isn't doctrine of warrant in our country. In need of strengthening the judicial examination of detection procedure, Perfecting the surveillance mechanism and protecting human rights, we should adopt reasonable contents of western doctrine of warrant and set up guarantee measures correspondent with it to ensure the justice of execution in criminal procedure .This article is composed by four chapters, besides an introduction.Chapter1 analyze the meaning and the history and the development of the doctrine of warrant. Firstly, clears the concept of doctrine of warrant by compared with scholars'research on doctrine of warrant in our country. Then studies the system of doctrine of warrant of other countries like England, US, Germany, France and Japan.Chapter2 discuss theory foundation of the doctrine of warrant. The author divides it into four aspects: rule by law, separation of powers and restriction, human right and due process.Chapter3 demonstrates the content of the doctrine of warrant through studies the system of doctrine of warrant of the advanced countries. This Chapter includes the application, the signs and issues, the execution, the exception and the relief of the doctrine of warrant. Chapter4 is about the specifically construction of our country's doctrine of warrant. It's divided into three aspects. At First analyzes correlation stipulation and situation which our country legislates at present. Secondly elaborates five necessities of establishing our country's doctrine of warrant. in the end is the conceivability of the doctrine of warrant according to local conditions in china, including the application, the signs and issues, the execution, the exception and the relief of the doctrine of warrant in our country.