Legal Research On Our Country's Criminal Seizure System

The criminal seizure is an important judicial act in the criminal procedure. It does good to preserve the criminal evidence, investigate details of cases, guarantee that the lawsuit activity smoothly carries on. At the same time, it closely relates to property rights, residence rights, communication rights and so on. The possible abuse of the right of seizure is likely to cause serious damage to the innocent citizens' legal interest. So the criminal procedure law of modern nations subject to the rule of law formulates strict and careful procedures. Because the heavy entity light procedure thought, we don't attach importance to criminal seizure institution and there are many problems. From the purpose of perfecting the system of criminal seizure, through this thesis's research , the author hopes that it can be beneficial to criminal legislation and judicature. Four parts constitute this text.The first part is the general legal connotation of criminal seizure. The part mainly analyzes concept, nature , classification of criminal seizure . And discuss some relevant points.In the second part, the author briefly talks about the main countries' criminal seizure system. Be based on the analysis of criminal seizure system of England, American, Germany, Japan, the author finds their general character.In the third part, the paper introduces the present system of the criminal seizure of our country. First of all, the thesis discusses the legislation of our country's criminal seizure .Secondly, the paper talks about problems that exist in initialization procedure, executive procedure, terminal procedure.The fourth part is the conception of perfecting our country's criminal seizure .First of all, the paper analyses the necessity of completing our country's criminal detention .Then it raises the conception of perfecting our country's criminal seizure based on our situation and foreign experience. It includes coming under compulsory measure system, establishing institution of judicial review, instituting exclusionary rules for illegal material evidence.