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Improve The Research On The Study Of China's Criminal Search

Posted on:2010-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:N HanFull Text:PDF
GTID:2166360275969041Subject:Legal theory
Abstract/Summary:PDF Full Text Request
At present, China is in the period of social transformation from traditional society to modern society; structure of the confrontation caused by the drastic social change and conflicts of values easily trigger social disputes. In practice, Such changes will inevitably infringe on the legitimate rights and interests of the majority of citizens or even constitutional rights. Therefore, there will be the hot flush for the legal and practical application of setting off a series of new time, new requirements to amend the legal system of the boom. Today, the process of building the rule of law is more and more quickly and we all callfor more human rights. At the same time Re-structuring the search process system has been put on the new schedule.Searching is an important activity of the proceedings, It is a mandatory detection measures. Its investigation has found that criminal activity and revealed the important role of crime, But it is also vulnerable to the personal rights of citizens and property rights and other violations of constitutional rights. our searching system is totally taken by the exercise of a power structure-based model of litigation, Such a structure model of the specialized agencies can ensure that the full exercise of national power and exert their country to maintain order at the basic functions. The law is more in their power to restrict his powers. And It allows countries to the effective exercise of the right penalty, Such a structure has disadvantage in the investigation also has the advantage.In particular, his disadvantage is obvious. The legislation is a strong starting point rather than taking care of the weak.Its protection of the rights of individuals are not sufficient The contrast of the punishment of crime and protection of human rights is not the same valuable. Therefore, it is imperative for the revision of the existing search system.This is also the building of respect for the rule of law and protection of human rights inherent requirement of the country.Any country in today's criminal procedure at the absorption of other countries are also useful to allow the region to develop on the basis of experience, Since the search relates to the control of crime and the protection of human rights,Common law and civil law on the search procedure in the Legislative or the case in detail. They relate to the reasons for the search, powers, specific procedures, a lot of relief mechanism, Two Legal proceedings even though the provisions of the search have different emphases, However, their design there are a lot of common characteristics in their design. It is worthy of study and learn from us.
Keywords/Search Tags:search, search warrant, Search procedures, Warrantless searches
PDF Full Text Request
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