Due Process Of Law Reform, China's Criminal Search System

Due process of law, also known as due process legitimate legal process, due process? the United States and 14 of the Federal Constitution of the Fifth Amendment provides that "due process of law by non-No person shall be deprived of life, liberty and property. "This is a well-known due process clauseo Due process of law is an important concept of the rule of law and constitutional principle, the core of which is to due process, focusing on the values and procedures of the functional. In our criminal legislation with the provisions of the procedures for detecting imperfections, but in practice there are many violations of the right to personal property of citizens, many scholars have pointed out the need to establish our system of pre-trial procedures of due process. With the procedural due process values, but also have valuable as a tool to achieve their value to the Criminal Procedure have stringent requirements, such as procedures for judicial review, proceedings under the law, and procedures must be effective and not waste too much of the judicial resources. In the field of criminal searches, regardless of our search procedures in the legislative provisions, or have operated in practice varying degrees of problems, such as the search for the main body of search conditions are not clear, the lack of judicial review for a warrant system, the issue of time in search of vague provisions, These problems have slowed the establishment of due process rule of law society in the process.The search for national system of due process and a comparison summary, from the perspective of comparative law to explore China's search system to due process of law for theoretical starting point of our study and search system of due process what gaps in the system to establish a system of due process in criminal searches.