China Search The Program Of Measures To Build And Perfect

The criminal search is an important judicial act in the criminal procedure. Serving as one of the investigative approaches applied by the criminal investigation unit to discover the evidence of crime and spot suspects it has been proved in practice to play an critical role in detecting and controlling criminal offenses In our country however,the legal rules concerning search is somewhat too general and not practical enough,bringing about an obvious incompetence in practice. Since there exists no any explicit stipulation about the related procedure of search,different local investigaton units adopt various methods in searchThe binding power of search and the concept that the investigatin efficiency should always be the primary concern furthermore, lead to the evident phenemenon of illegal search and the possible abuse of the right of search in the practical side of investigation, which is likely to cause serious damage to the innocent citizens' legal interest, impairing their confidence in the implementation of governing by law in this country.The development of society is forever seeking some kind of balance between the individual freedom and the public security. In the modern society rule in law, all social relations as well as the operation of power and rights should be controlled by law. With the transformation of criminal procedure pattern and the adjustment of criminal procedure value concept, the aim of criminal detection system is gradually making great strides to both crime control and human rights safeguard instead of only crime control. Overviewing the procedure design of police search and the pratical operation of criminal investigation, we find that it has an apparent tendency to how to control the crime effiently but neglects the protection of legal rights of suspects and other people.The offense of citizens'personal rights, property rights and privacy in search process is a potential threat Investigation agencies are attaching importance to the investigating function in search process, but...