Study On Improvement Of The Legal Search System In Our Country

Search procedure plays a very important role in criminal investigation, it can help investigators find evidence of a crime and arrest criminal suspects, but because of the power of search and expansion of the mandatory, there are many violations of the rights to personal privacy, property, and other legitimate interests. Criminal search procedure which has "dual nature" features requests the system be designed to balance the various interests, demonstrates its due value. Nowadays criminal search system of China is designed extremely unreasonable, legal protection to values is of serious imbalance, it maintains the order prominently, at the same time, it rarely reflects on the rights and interests which should be protected. The criminal search system is seriously vacant, and is not conducive to reflect its proper function. In view of the existence about criminal search system deficiencies, this paper presents specific measures to improve the system in China. There are four parts to conduct the studies: firstly, the article analyzes the deficiencies of current search definition, and the historical development of the criminal search system at home and in foreign, then it comes to the law of its origination and development. In the second part, it continues to analyses criminal search system with theories, the system should be designed to uphold the concept and its entities and procedures values. The third part is about the basic principles of criminal search, these principles can guide the legislation and judicature. The fourth part introduces and compares the western criminal search system, analyses the common ground and the differences, China learn from the above analysis. The final part of the article is on the status quo and reform ideas of the criminal search system in China, presents the specific measures to perfect search system under the guidance of the principle.