On Criminal Search

Criminal search is certain kind of behavior, in which the detective institution discovers the evidence, the suspect of the crime as well as legally carries on the search for the place where the suspect, the evidence and the goods can be hidden. Criminal search is a compulsory detective method, which is an important way to obtain the evidence.Moreover, we must safeguard the smoothly implementation. Meanwhile, the search power is a part of investigation power. As it belongs to the state power with compelling force in the process of its implement, criminal search has certain influence about citizen's personal rights and the property rights .Thus we must use the law and procedure to make a standard for criminal search. The modern country under the rule of law all has carried on the limit to criminal search. This article analyzes our country's present situation and insufficiencies of the criminal activity search by comparing the measures about criminal search taken by main countries which are under the rule of law. We hope that we can consummate our country's criminal search system and make a balance of attacking the crime and safeguarding the human rights.Because of some traditional reasons, China's legislation about criminal search can't meet the requirements of the development of practical work and its own procedure. So the reform is necessary and inevitable with the surroundings of the construction of the country under the rule of law. However, we can't simply copy other country's existed systems because our country has our country's own situation. The good system which can run well in other countries may be not so suitable in our country. Therefore, we must hold a dialectical manner to treat the western systems.This paper divides into four parts. In the first part, we elaborate the elementary theory of criminal search. Then we introduce the concept, the characteristic and the type of criminal search. Finally, we discuss the theory of related detection power, as well as the existence necessity of modern criminal activity search system. In the second part we do a survey of the search procedure of the main countries under the rule of law by comparison .We analyze and induce from four aspects: the requisition procedure of search, the examination and approval procedure, the executive routine, the relief procedure. Through those, the frame of reference for our country's consummation has been provided. In the third part, we analyze the basic stipulation and the existence question of our country's present criminal search system and provide the solution of these problems. In the fourth part, we propose the necessity of the consummation of our country's present criminal search system and the principles we must follow. What's more, we also propose the legislation suggestion of this system.