Study On Search

Criminal search, in the general sense, is a detection for the investigation to find evidence of a crime, seize the suspects, and search the suspects, as well as possible person, goods, shelter and other relevant places according to the law . It is an important manner for a crime investigation authorities to fight, for the detection of authorities to gather evidence on time, and seize suspects, to prevent their escape, destruction, transfer evidence, expose, to ensure the proceedings to be conducted smoothly . Although such investigative techniques are necessary for the country to fight against crime, however, because search is a double-edged sword, when obtain evidence, often with the detention, arrest and other measures as related to citizens, freedom and property rights violations, and thus give rise to the maintenance of social order, security and protection of basic human rights Therefore, the main rule of law system on the country are taken strictly, in the Criminal Procedure Code and related laws they provide a fairly complete criminal search proceedings. However, the search system in our country lacks judicial control, the operation of non-specific norms, the rights and interests of people being searched has become a kind of "lip service to" the "naked interest" usually be the risk of violations. we should take the opportunity of the Code of Criminal Procedure amending, make further detailed provisions, and establish a relatively rational system of criminal search. Therefore, this article elaborated the criminal system from legislature, judiciary had up of vertical, while the relevance of foreign practice, a horizontal study of comparative law, in order to be able to look forward to improving our country's criminal search system and the role of forward reach. The full text is divided into four parts, about 3.3 million words.The first part discussed the basic theory of criminal search, This chapter focused on the existing legal basis of the right, discussed the legal nature and procedures of the value of search . The article points out: search was launched unilaterally by the investigating authorities, without agree of the investigation, has a mandatory, sudden, specific, and procedural characteristics, in the exercise may pose a threat to personal rights, residential rights, property rights and other constitutional rights. From the view of investigation, it has multiple values, it is a need for the fight against crime, public safety and to obtain criminal evidence, and also the needs of police self-defense.The second part conducted the difference of comparative law. through the study of two major rule of law, from search beginning, to search authority, search to the procedural restrictions, the author analysed specific search procedure is running. At the same time, through comparison the similarities and differences between countries, there are some commonalities: First of all, there are strict starting procedures; Secondly, the examination and approval procedures are neutral; again, there are detailed procedures for implementation; Finally, a comprehensive relief program.The third part analyzed the implement of criminal search in our country,. The article points out: The current proceedings of the search conditions is uncertain, and related judicial interpretations of the Code of Criminal Procedure does not cover; search procedures lacks judicial control, the Code of Criminal Procedure does not distinguish between the approval of the search and implementation of the main subject; the evidence for search warrants is not clear, which should be included in the content, search warrants without credentials is at the same time long-term existed, making the search avoid by many alternative measures, and once the situation of illegal search, nor the relief process.The fourth part gives some suggestion to improve the criminal search procedures. First of all, this chapter pointed out the principle of the criminal search procedures: legal reservation; control crime, to ensure human rights; connection with reality, and in line with the national principles. Then, discussed to build a criminal search procedures for our country: legislation should be identified at the launch of the standard search procedures; should improve the search of the review process, first, improve the existing internal approval system; detailed provisions should be set out in search of content; should improve procedures for warrantless searches and procedures for judicial relief.