On The Criminal Search Procedural Control

Search, is one of inspective actions specified by the criminal procedure law, is readily easy to impose infringement on right of body, property and privacy of criminal suspects or persons other than involved in the case while efficiently punishing crime. Thus, searching procedure is a key point normalized by criminal laws in the countries around the globe. Comparing with the foreign systems, Chinese system adheres to tradition of ex officio doctrine, which conflicts with reforming trend of the criminal procedure law. Therefore, this paper intends to practice complicated theory of searching system in practical solutions and further analysis for our country's searching system is made based on comparative investigation of foreign countries'and China Taiwan's searching system.In modern time, "property rights-trespass and infringement of right to privacy" should be applied to redefine searching action. Searching procedure can be categorized into many types according to different norms. The two mostly common types of searching, searching with and without a warrant and searching of persons and objects, are introduced in this paper. Searching with a warrant is a representation of so-called "writ doctrine" in searching procedure. It is a core of searching system and keynote of this paper. The writ doctrine means that probable cause is required for applying for a searching writ from the judge before searching and performing searching procedure strictly according to items specified by the writ. Compared with the search with a warrant, search with no warrant does not have so many strict regulations. Furthermore, the writ doctrine is able to prevent suspects'civil rights from being infringed, but infringement of legal rights on agent concerned would inevitably occur during practical performance. From the program control perspective the perfection of our search procedure should be based on the actual status of the existing judicial, where existing legislation on the premise of a reasonable requirement. By way of mature, enrich our country's current search system. Implementation of the rationalization of the procedures for search system.