Criminal Search Procedures Justified

The search means in order to collect the evidences and ferret out the criminal suspects, the investigative organ examines the person, the goods and the habitations that probably conceal the criminals and the evidences of the crime. Search is a mandatory measure in characters. It refers to the personal rights, property rights and so on. It has the characters including the validity of the function, the technicality of the subject, the obligatory character of the mode and the legal characters of the procedure. The power of search of derives from the authorization in constitution and criminal proceeding code and has double values of disclosing a crime and assurance of human rights.According to different standards, the search can be divided into five types. According to the object of the search, the search can be divided into the search to people, the search to the substance and the search to residency. According to the agreement of the searched, the search can be divided into the voluntary search and the unapproved search. According to the writ of the search, the search can be divided into the search with a writ and the search without a writ. According to the identity of the searched, the search can be divided into the search to suspected offender and the search to a person who not involved in the case. According to the time of the search, can be divided into the search in the daytime and the search in the night.The search in Agio-American law system and in continental law system have they characteristics. Agio-American law system laid stress on stipulating the specification of the search writ and the justified criterion of search. The adiaphorous judges carry through strict restricts to the setups and conditions of search. It can be denominated with writs mode. The neutrality of the judicial review of the Continental law system is feebleness. As a whole, the condition and the stipulation of search is less strict than the Agio-American law. The investigative organ has the right of discretion, so it can be denominated with crime control mode. The common groundincludes the judicial review of the search, the precise search procedure and those can be use for reference in our country.The search is a new research field, but it includes the value, the principle and the articles of law. First of all, the value of the search innovation should assure the human rights and improve the efficiency of search. The principles of search include the principle of legal doctrine, the principle of rationality and the principle of moderation. We also should constitute the review system of search in our country. Establish kinds of execute procedures of the search, the supervision of search and the compensations of the illegal search. Establish kinds of execute procedures of search involves regulate the time of search, regulate the personal search, the secrecy of search and promulgate the citification of the end of search. Enforce the compensations of the illegal search involves regulate the judicial redress of illegal search, punish the illegal policeman and obviate the illegal search evidences and so on.