The Research On The Search System

Search is an important criminal investigation measures, by means of national force, menace the civil rights. Therefore searching power can't be exercised arbitrarily, Also can't be possessed always, it's empowerment,exertion are limited by a series of particular terms , steps and requests .legal character,Specified character, process character make advanced search procedure differentiate the civilized search of law society from the wild search of ancient society .The present law of our country define search and system base on the single value of controlling crime. Although it can uncover crime truly and in good time, it ignores the value of ensuring human rights. Under the value of controlling crime dominantly, many innocent persons are invaded, the legal rights of suspect are unwarranted. this kind of search system is undound , fall short of the proportion principle, endanger the construction of law country.Thesis adopt comparative investigation method, firstly study America defining search concept based on protecting civic"The reasonable privacy expects", then define search concept of our country afresh, moreover enlarge the connotation and extension of search, search object include everything have privacy, such as computer disk, internet ,telecommunication etc. in addition, by comparative study inside and outside country, author find our country'search system is administrative downright, lack judicial checkup, civil rights lack of protecting. author investigate overseas advanced search system, such as the doctrine of judicial warrant, the reason, object, area and time of search, the search without warrant. By the situation of our country, author brings forward eleven improved measures, hope to change the actuality of single controlling crime value. set protecting human rights value on the same stature.