The Study Of Criminal Search Perfection

Search is one of the Investigation acts which is mandatory, implemented by criminal investigation agencies and is an important way of obtaining evidence for investigation organs. Search plays an important role in punishing of crime effectively and reducing or avoiding losses due to crime. However, the process of its exercise of coercive power, is bound to affect the personal rights of citizens, property rights, and privacy, there are strict and specific provisions of criminal search procedures in criminal legislation of all countries.The criminal search system makes writ as a general principle in the western law-ruled countries. Searching procedure is controlled judicially by Judiciary authorization and Judicial review organization. Searching time and its limit is regulated explicitly. Witness system and strict search notes making system are used in searching procedures. Searchers also have the duty of keeping secret for the people who are searched. Comparatively, there are many deficiencies in our country's searching system,such as the arbitrariness of starting search procedure and the ambiguousness of searching with no certificate.These can lead to the fact that searching right is abused and the legimate rights of citizens are damaged.The author set about from the basic problems of criminal search procedures,studying the concept features and principles of criminal search procedures,the criminal search system of the western law-ruled countries and the status quo of the criminal search system in our country.Then the author researches the improvement of the China criminal search systems basing on Procedural Justice Theory and Constitutional Theory.At last the author proposed the basic ideas of improving our criminal search system by studying China and the western law-ruled countries'criminal search system,basing on the Chinese legislation on the criminal situation and problems in practice.The basic idea can be described that not only to set up the judicial review system on searching,get the starting procedures of search strict,but also to improve the iplementation procedures of searching,improve the search system with no certificate, improve the legal remedy of illegal search.It will effectively prevent the occurrence of acts of illegal search,and effectively protect the suspect, the defendant's fundamental rights.