On The Perfection Of Criminal Search

Criminal search is important procedure and system in criminal procedural law. It is a kind of investigation to search and inspect criminal suspects, body, articles, houses and other places where evidence would probably be hidden, to find criminal evidence and suspects.Criminal search is significant to find criminal suspects, evidence, and to fight crimes. However, criminal search may lead to violation of personal right, freedom and property right, because of its compelling same as arrest when cracking down crimes. That would result in a conflict between maintenance of social order, safety and protection of people's legal rights. Therefore, review of criminal search system is significant: 1. to take advantage of criminal search to punish crimes, because criminal search is an act supposed to punish crimes and maintain social order and safety.2. To decrease violation to the lowest level and prevent legal rights from unfair damage.Therefore, many countries have a cautious attitude and strict supervision, and formulate a comparative improved criminal search system in criminal procedural law. However, there is neither judicial review in our system, nor detailed execution rules, which would easily cause abuse of power. This thesis is divided into several parts:firstly, it discussed value and basic type of criminal search, beginning with its elements and comparison of relative concepts. Secondly, it reviewed and compared search systems of different countries, then come to a conclusion of principles and common characteristics of criminal search. Thirdly, the thesis introduced source of law and specific provisions in our search system, and then analyzed disadvantage and shortcomings of our system. In the fourth part, it raised suggestions on improving our system, and put up some opinions on new phenomenon resulted from emerging of new technological investigative means.