Criminal Warrant System

The doctrine of warrant of criminal justice is one of the forms of the doctrine of warrant,the basic requirement of the doctrine of warrant is introduce neutral judicial apparatus,carry out the judicial review under coercion investigation and judge the reasonability and necessity of it,which is in essence assurance of human rights through the investigation power controlled by judicial power.However,at present the criminal proceedings in our country has not been established the doctrine of warrant of criminal justice.In order to enhance judicial review of procedure of investigation, improve supervisory mechanism so as to protect the need of human rights, we should absorb the reasonable content of western countries and set up corresponding protective measures gradually in order to maintain the criminal justice legitimacy.The proceeding of the doctrine of warrant of criminal justice abroad is relatively mature compared with our country, though we have our own doctrine of warrant of criminal justice,the difference between traditional legal culture and the system of constitutionalism produce different content and theory of the doctrine of warrant of criminal justice.The doctrine of warrant originated from England,it has been generally recognized by mainland law system as a constitutional principle until now. The contents include application,issue,implementation and remedy procedures.Through summing up the definition of the doctrine of warrant existing in China,the paper clears the concept of it,that is the doctrine of warrant of criminal Justice refers to officials who execute the acts of coercion investigation,such as arresting,searching,detaining and monitoring during the procedure of criminal justice must have the writ issued by judges or other related neutral officials in theory.The legitimacy basis of the doctrine of warrant of criminal justice is that it must conform to the requirement of existing law and balance the lawsuit structure before court and maintain the legitimacy function during criminal enforcement.The value of the doctrine of warrant lies in that it can protect the basic civil rights by checking and remedy procedure of the doctrine of warrant and specify the rights of investigation.The doctrine of warrant has originated from England and America,and they are also important in exporting the system.Influenced by history,the doctrine of warrant in two countries are similar to each other in most cases, however,they are different in some specific aspects.Civil law countries attach less importance to the doctrine of warrant compared to common law countries,but the measures taken to controlling the rights of investigation is multiple which is also an important remedy.In all,the civil rights condition of investigation procedure in civil law countries is no less than common law countries,which is worth for reference to our doctrine of warrant.The doctrine of warrant is not perfect,it has many disadvantages and certain limits in theory and practice,it also faces many challenges and problems in operational process of the traditional doctrine of warrant,which is also worth self examination.The investigation rights have no restriction in the enclosed investigation procedure,which caused many severe consequences in juridical practice.The doctrine of warrant constructed in our country is very necessary and feasible.Under the existing frame of law,it is feasible for us to take procuratorial authority as the center,construct procuratorial writ and procuratorial remedy system.Therefore,the paper advices legislation to absorb reasonable content of western doctrine of warrant and construct the writ protection measures accordingly as the reformational direction of the writ investigation procedure in our country.