On The System Of The United States Search And Seizure And Its Significance To Our Country

The United States is one of the most advanced countries with rule of law in the world. She has many successful experience in legal construction, especially in criminal justice area, which is worthy of our study and can be for our reference. Beginning from the system of search and seizure this thesis analyzes the basic content of the American system of search and seizure and its changing. In the end of the thesis the writer has tendered her own view of point to complete our country's legal system of search and seizure.This thesis has three parts in general:The first part discussed the constitutional fundamental basis of American search and seizure system and its meaning. The fourth amendment granted the police the power to search and seizure and at the same time limited the discretion of the police and the government The search and seizure is defined as "the area protected by the constitution is disturbed by the government", which is simplified as "the area protected by the constitution". It also has been defined as "reasonable private expectation is disturbed by the police and the government", which is simplified as "reasonable private expectation"The second part discussed the detail of the American system of search and seizure. First, the object and the scope of the search and seizure with warrant, second, the search and seizure without warrant, that is some exceptions like stop and frisk, emergency, arrest, ect,the third, the legal result of illegal search and seizure and the exclusionary rule. And the last is about the changing of American search and seizure after 911.The third part discussed the American system of search and seizure for our reference. First is about our country's search and seizure system. Although our country's search and seizure has been regulated by our constitution, but it has many shortcomings. We are lack of judicial review in search and seizure, and the standard of proof in search and seizure is rather low which can't protect the citizen properly. So the writer has suggested some reform in our search and seizure area. In order to protect the human right we should introduce the judicial review and the exclusionary rule into our system of search and seizure. We also should reform thewarrant of the search and seizure so that it can be more specialized. The executing of the warrant should be more regulated. Without emergency the warrant should be executed in the daytime. The principle of the lowest disturbing should be embodied. And we should distinguish the public behavior from the private behavior in the search and seizure area The probable cause and reasonable suspicion should be established in the standard of proof in search and seizure.